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(영문) 인천지방법원 2016.09.29 2016고단4184
특수공무집행방해
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2016, the Defendant was urged to set off a shoulder glass bottle from the police box belonging to the Incheon Jung-gu Police Station C in the Incheon Jung-gu Police Station C, which was sent to the site after receiving a report from 112 and sent to the site, on June 28, 2016, at the lower parking lot located in 73, Dongcheon-gu Incheon, Incheon, Dongcheon-do, Incheon, and the above security guards D, etc.:

B. He did not believe that he is a police officer, “Chovaping, I would like to be able to get off the police,” and “I would like to put a shoulder glass bottle, which is a dangerous object, and threatened a police officer, such as the background D, E, patrolman, F, and G with a view to brushing the police officer.

Accordingly, the Defendant carried a shoulder glass bottle, which is a dangerous object, interfered with the police officers' legitimate execution of their duties concerning the handling of reported cases and the maintenance of order.

Summary of Evidence

1. Legal statement of the witness D;

1. References to inquiries, such as internal investigation reports, suspect and field photographs, the list of reported cases in 112, investigation reports (Refusal to sign and seal a suspect interrogation protocol), criminal history, etc., and the application of Acts and subordinate statutes to report on investigation (victim confirmation reports);

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [Scope of Recommendation] : (a) where the degree of violence, intimidation, and deception (special mitigation) is minor in the basic area (six months to one year and four months) (special mitigation (special mitigation)] / Where a group or group or group’s power or carries dangerous things: (b) the extent of comparison between punishment and recommendation: (c) June to one year and four months (decision of sentence] is deemed to have threatened a police officer by using dangerous things; (d) the crime of this case is serious crime; (e) the police officer’s resistance against the police officer; and (e) the aggressive tendency is to commit aggressive crimes.

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