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(영문) 인천지방법원 2016.04.21 2016고단1148
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 5, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for a special assault at the Jeonju District Court on February 5, 2016, and completed the execution of the said sentence on February 13, 2016.

1. On March 2, 2016, at around 00:10, the Defendant: (a) obstructed the Defendant’s business of the victim’s in Bupyeong-gu, Incheon; (b) obstructed the victim’s in-house accommodation business by force by avoiding disturbance for about one hour, such as under the influence of alcohol in front of the in-house knickter operated by the victim D (61).

2. On March 2, 2016, at around 01:25, the Defendant obstructed the performance of official duties by assaulting the police officer’s duty of handling a police report, such as francing francing francing franc fex francing franc fex francing fat, which was dispatched by the Defendant upon receipt of a report that francing the disturbance at the place of the foregoing paragraph 1, and thereby obstructing the Defendant’s legitimate performance of duties concerning the police officer’s duty of handling a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Previous convictions in judgment: Inquiry about criminal history, personal identification and particulars of expropriation, and application of the text of the judgment;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravated concurrent crimes are as follows: (a) the aggravated area (1 to 4 years) (1 to 1 year) of the ground for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) the aggravated area (1 to 4 years of interference with the performance of official duties) (1 to 1) of the Act on the Aggravated Punishment of Crimes (1 to 8 months of the Act on the Aggravated Punishment of Concurrent Crimes) [the scope of punishment] of the mitigated area (1 to 1 months of the Act on the Aggravated Punishment of Specific Crimes) [the scope of punishment (a person subject to special mitigation)] of the mitigated area (a person subject to aggravated punishment pursuant to the aggravated punishment pursuant to the aggravated punishment of multiple repeated crimes of the same kind: one year to 4 years [decision of punishment] of the Act on the Obstruction of the performance of official duties.

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