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(영문) 인천지방법원 2015.11.26 2014고단9460
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On September 27, 2014, the injured Defendant issued a bus card charged with KRW 10,000 from the victim E (the age of 19) who is an employee of the above convenience store, at around 17:51 on September 27, 2014, the Defendant: (a) sounded the victim as “the transportation card is marked; (b) the victim’s face face is marked as one time per week; and (c) damaged the victim’s head part requiring approximately two weeks of treatment by hand.

2. At around 18:20 on September 27, 2014, the Defendant obstructed the police officer’s legitimate performance of duties pertaining to the maintenance of order by asking G as a flagrant offender by asking G to the police officer affiliated with the Incheon Southern-dong Police StationF box, who was assaulted by the Defendant and dispatched after receiving the aforementioned report from the Defendant, for the purpose of arresting the Defendant as a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Application of Acts and subordinate statutes to each damaged photograph and written diagnosis of injury;

1. Relevant Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act, the choice of applicable Article on criminal facts, the choice of punishment, and Article 257 (1) of the Criminal Act;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. First category of the obstruction of performance of official duties (determination of the sphere of recommendation): Six months to one year and four months; and

2. Type 1 (General Bodily Inflicting) (Special Bodily Inflicting) of general bodily injury caused by violence: In the area of mitigated minor bodily injury (determination of the recommended area): two months to one year of imprisonment; and

3. Results of aggravating the final scope of sentences for multiple offenses (1/2 of the upper limit of crimes No. 2): Six months to one year: Imprisonment.

4. Determination of sentence: 30,000 won for each victim and police officer who suffers from editing mental fission.

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