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(영문) 인천지방법원 2016.12.15 2016고단7551
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 8, 2016, at around 23:45, the Defendant: (a) went on a taxi in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and was going to go to the Gyeonggi si, but the said taxi article did not go to a tent; (b) the victim E, a police officer of the Busan, Busan, Police Station D District Police Station, who was dispatched after receiving a report from the above taxi article, was not subject to the control of refusal of boarding on other areas; and (c) the chest of F in the course of the above global belt, who was sent to the victim E on his/her hand on his/her hand, was tightly pushed back, pushed down the chest of F in a number of sidess and neck parts of F in order to punish both arms, and f in a way that f in a boom and f in a boom, and thereafter, he/she sawd the victim’s assault as soon as the victim committed the above assault, thereby asking the victim’s right e.

As a result, the defendant interfered with the legitimate execution of duties by police officers regarding suppression of crime, and at the same time, the victim E was in an inception to the days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of obstruction of performance of official duties on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an infringement on legal order and public authority, which requires strict punishment, disadvantageous circumstances such as the victim E of the injured crime wanting to punish the defendant, the confession and rebuttal of the defendant, the fact that the defendant is a primary offender who has no record of criminal punishment, the fact that the defendant seems to be a criminal act that has been under the influence of alcohol, and other favorable circumstances such as the defendant's age, character and behavior, environment, details of the crime, means and result, etc., and the circumstances after the crime, etc.

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