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(영문) 인천지방법원 2017.06.01 2017고단1828
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2017, around 19:30 on March 4, 2017, the Defendant Daced to the victim E, who was a slope victim D and police officer affiliated with the Incheon Southern Police Station C police box, who was patrol duty in front of the Incheon Southern-gu, Incheon.

The house is F, and the house is born to the house. It is well fighting.

The body of the French fighting match is one defect. This is a defect.

“In doing so, the victims were able to stop the Defendant and return home, and the chest of the above D was tightly sealed once by hand, boomed by booming the chest of the above D, and assaulted the victims by booming their head between the Defendant’s arms and the right side.

Accordingly, the Defendant interfered with the legitimate execution of duties by the victims who are police officials.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【the scope of recommended punishment】 The basic area [6 months - 1 year and 4 months] - Special aggravated (reduction): In the case of multiple damaged public officials, / in the case where the degree of violence is minor, / 【the Pronouncement of the Sentence 【the Pronouncement of the Punishment,” and the fact that there is no record exceeding the fine in the nature of the crime and sentencing factors, it is desirable to treat them within society only once, rather than detention and isolation

shall be deemed to have been.

In order to determine the amount of imprisonment for not more than six months within the scope of the recommended punishment, and to prevent recidivism and to improve character and conduct, the execution of a sentence shall be suspended for a period of not more than one year.

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