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(영문) 인천지방법원 2015.11.27 2015고단6518
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 16, 2015, at around 04:50 on August 16, 2015, the Defendant damaged the entrance entrance and exit of the business site in the Nam-gu Incheon Metropolitan City C building, and the “E” entrance and exit of the victim D, by walking the entrance and exit of the entrance and exit of the business site in the city.

2. The Defendant interfered with the performance of official duties by assaulting, at the above time, at the same place, and at the same time, at the 112 report, the police officer of the Incheonnam Police Station F District G, who was called out after receiving the 112 report, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 report by assaulting him, such as flaging his face with his hand,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about G, H and D;

1. Application of Acts and subordinate statutes to photographs of damage, work log, and detailed statement of report;

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment for the crime;

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. The scope of the sentencing guidelines set forth in Category 1 Crimes (Obstruction of Performance of Official Duties) and Category 1 Crimes (Obstruction of Performance of Official Duties) and Group 2 Crimes (Obstruction of Performance of Official Duties) for which no basic area (6-1-1-4 months) exists (the scope of recommendations), [the scope of recommendations] the mitigation area (1-6 months), the mitigation area (2-1-6 months), the mitigation area (including damage, etc. of property), the mitigation area (1-6 months), the mitigation area (including damage, etc. to property), the mitigation area of punishment (including serious efforts for recovery of damage), or the considerable recovery from damage: the scope of final sentencing due to the aggravation of multiple crimes: 6-1-7 months;

2. The fact that the Defendant recognized the instant offense and against whom the sentence was rendered, was agreed to with the victim D, deposited KRW 200,000 for the police officer G, and that there was no criminal power above the suspended execution, under favorable circumstances, the instant case was committed by destroying the entrance door glass under the influence of alcohol and assaulting the police officer dispatched after receiving a 112 report, and that the offense is not good.

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