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(영문) 인천지방법원 부천지원 2016.05.09 2016고단755
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant insulting the Defendant at the main point of “C” located in Oracheon-gu, Oracheon-si B on March 25, 2016 at around 23:20, where there are several persons, such as the owner of the above main point, who was urged by the police to return home after paying the alcohol value from the police officer D, who was dispatched after receiving a report that the Defendant did not pay the alcohol value, and was urged by the victim to return home after paying the alcohol value.

C. The victim publicly insultingd the victim by referring to the large flusium, Chewing arche,”

2. The Defendant interfered with the performance of official duties, at the time, place specified in Paragraph 1, and at the request of the police officer D who was solicited to return home from D, removed the D’s rank, and subsequently interfered with the police officer’s legitimate performance of duties concerning the handling of the reported case, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs;

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment, respectively;

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

3. The reasons for sentencing under Article 62(1)(the following favorable circumstances) of the Criminal Act (the scope of recommendation / [the scope of punishment] under Article 62(1) of the Act on the Suspension of Execution of Official Duties (the decision of sentencing from June to January 1), the basic area (the decision of sentencing from June to April) of Article 1 of the Act on the Suspension of Execution of Official Duties (the decision of sentencing) [the decision of sentencing] reflects the defendant's fault depth, the degree of interference with the performance of official duties is relatively minor, and the previous conviction

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