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(영문) 인천지방법원 2016.05.13 2016고단1788
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 March 26, 2016, the defendant around 05:05 on March 26, 2016, around the third floor apartment B in Nam-gu Incheon Metropolitan City, and "the husband makes drinking and assault."

“Around the 112 report and sent to the site, the police officer of the Incheon Southern East Police Station C District D assaulted D’s bomb with the driver’s hand of the elevator, and used D’s face, and used D’s bat with a large sound, and used D’s face.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch of report and crime control by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] and the reason for sentencing under Article 62-2 of the same Act [the scope of punishment] There is no person [the person who has been subject to special sentencing] in the basic area (6 months to 1 year and 4 months] [the decision of sentence] 6 months of imprisonment, 2 years of suspended sentence and confession against the defendant, 2 years of suspended sentence, 3 years of suspended sentence and confession against the defendant, 4 years of suspended sentence and there are no records of punishment above the suspended sentence, and 62-2 of the same Act including the defendant's age, sexual behavior, environment, motive and circumstance after the crime, etc., the above sentence shall be determined, taking full account of

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