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(영문) 인천지방법원 2016.11.24 2016고단6474
공무집행방해
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2016, at around 01:45, the Defendant was dissatisfied with the sailing of the road in front of the Incheon Bupyeong-gu, Incheon, Bupyeong-gu, D District District of the Incheon Samsan Police Station, and the Defendant took a bath to the above E, and was sprinking the breath throughout several times.

Since the Defendant continued to be removed from F’s patrolmen belonging to the said global belt, the Defendant took a bath to “low”, and saw the instant F’s strong fingers with a hand-to-saw, blaps, and assaulted F’s B’s bridge at a price on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention and suppression of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation and community service order Article 62-2 of the Criminal Act should be strictly punished against the Defendant’s act of abusing violence against a police officer in the course of performing official duties. However, the fact that the Defendant appears to recognize and reflect his own crime, that there is no record of punishment exceeding the fine, and that there is no record of punishment of the Defendant’s age, occupation, character and conduct, environment, and all the conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, character and conduct, circumstances before and after the instant crime

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