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Reasons
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(영문) 인천지방법원 2015.10.22 2015고단4389
공무집행방해
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 4, 2015, the Defendant committed an assault against the victim E, who was arrested as a flagrant offender by ordering food at a restaurant, and failing to pay the cost thereof, and was arrested as a fraudulent flagrant offender, around the Seoul Southern-dong Police Station D District of Incheon Dong-gu, Incheon, Incheon, the Defendant obstructed the Defendant’s lawful execution of duties concerning the investigation and crime prevention, etc. of the said victim, by putting the victim’s clothes and flabs together with flabs.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written statement;

1. Investigation report, telephone communications, etc. with victim F;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes, including investigation report, on-site, and photographs of damage situations (the defendant asserts that there is no trace of the victim E's clothes and flabs by hand, but according to the evidence such as E's statement, CCTV video CD, etc., the defendant can sufficiently recognize the fact that the defendant committed the above act, and thus, the defendant's assertion should not be accepted).

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (Article 62 (1) of the Suspension of Execution (Article 62 (1) (Article 62 (1)) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act) (Article 62 (1) of the same Act (Article 62 of the same Act), where the degree of obstruction of performance of official duties/performance of official duties) (Article 1 of the same Act (Article 62 of the same Act) is minor (Article 62 of the same Act), where the mitigation element of mitigation element of mitigation element of mitigation element of mitigation element of punishment [Article 62 (1) of the same Act]

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