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(영문) 인천지방법원 부천지원 2019.05.17 2019고단379
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. The Defendant: (a) around 23:20 on January 30, 2018, 2018, the Defendant, on the ground that the victim B (the age of 37) was sounding the vehicle horn on the part of the victim; (b) the victim felled into the victim’s vehicle; and (c) the victim gets down the vehicle and resisted against it; (d) the victim was bread and pushed down the breath.

Accordingly, the defendant assaulted the victim.

2. When the Defendant informed the Defendant that he would arrest the Defendant as a flagrant offender of the crime of assault at the time, at the above time, and at the above place of the obstruction of performance of official duties, a slope D belonging to the Busan High Police Station C District Unit, which was called out after receiving the report of the case, the Defendant carried the above D’s left shoulder by hand, and continued to restrain it by hand, the Defendant carried out the parts of the E’s arms belonging to the same patrol group.

Accordingly, the defendant assaulted police officers D and E to interfere with legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. B written statements;

1. The application of Acts and subordinate statutes concerning the handling of damaged parts of photographs, copies of global work logs, and 112 reported cases;

1. Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentence of Article 62(1) of the Criminal Act on the grounds of the suspended sentence of punishment is the first crime (component circumstances among the reasons for sentencing) and second crime (component crimes) of Article 62(1) of the Criminal Act on the grounds of the suspended sentence (the scope of recommending punishment) [the scope of recommending punishment] of Article 1 of the basic area (the general assault between February and October) of the Act on the Punishment of Violence [the scope of recommending punishment] of Article 1 of the Act on the Suspension of Performance of Official Duties (the scope of coercion of Official Duties] of the mitigated area (1 to January 8), where the degree of violence, intimidation, deceptive means, or obstruction of official duties is minor, the scope of final sentencing due to the aggravated punishment of multiple crimes: February to 12 [the decision of sentence] of

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