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(영문) 인천지방법원 2016.07.14 2016고단2079
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 February 24, 2016, around 21:00, the Defendant was dismissed from the F, a police officer belonging to the Incheon Western Police Station E District, who was dispatched after receiving a report from 303 and D on February 24, 2016.

Defendant 1 stated to the above police officers “Ip. N. L. L. L. L. L. L. L. L.W.

Corresponding bitbits such as bits.

B. L. L. L. L. L. L. L. L. L.W.

F. L. L. A. A. B. L. A. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. L.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of the F-related Acts and subordinate statutes of scam of violence;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) is nonexistent;

2. Determination of sentence: (a) considering favorable circumstances, such as the fact that the Defendant had been subject to criminal punishment more than 20 times due to the use of violence, etc., but the Defendant again led to the instant crime; (b) taking account of the fact that the time of committing the instant crime and seriously reflects the fact that the victimized police officers have not been punished against the Defendant; and (c) the extent of the force exercised by the victimized police officers is relatively small; and (d) taking into account other favorable circumstances, the punishment as ordered shall be determined by taking into account various sentencing conditions, such as the Defendant’s age, sex, environment, motive and circumstance of the relevant

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