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(영문) 인천지방법원 2014.11.06 2014고단6969
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around 01:00 on September 28, 2014, the Defendant: (a) destroyed the property damage on the ground that, at the E-ju shop operated by the victim D in Bupyeong-gu Incheon Metropolitan City, F, who took a drinking together with his own daily behaviors, she was sing together with G, followed the customer who was in the place, and followed the customer, and thereby, damaged the market price, the victim of which is the victim’s right.

2. The Defendant, at the same time, at the same place as indicated in paragraph (1), and at the same time and place as indicated in paragraph (1), assaulted the breath to the police station of the Incheon Samsan Police Station, which was called “Cmp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reports and investigation by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to H, D, J, and F;

1. The K's statement;

1. The application of investigation reports (the video recording analysis of CCTV inside the EM point), CCTV photographs, CCTV photographs, video CDs, police officers' assault pages, investigation reports (video images taken by a police station criminal office and office), and five video CDs;

1. Article 136 (1) and Article 366 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with punishment stipulated for the heavier crime of obstruction of performance of official duties]

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Application of the sentencing criteria: As to the crime of obstruction of performance of official duties on which the sentencing criteria are set.

(a) Determination of type: [13] Obstruction of Performance of Official Duties, 01. Obstruction of Performance of Official Duties, 3. Obstruction of Official Duties

(b) Special-salvists and general-salvists:

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