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(영문) 인천지방법원 2019.10.25 2019고단4152
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:20 on May 29, 2019, the Defendant obstructed the victim’s restaurant business by force, and by force, the Defendant interfered with the victim’s restaurant business for about 20 minutes, including 20 minutes, while drinking two alcohols with the victim C, operated by the victim C, in Gyeyang-gu Incheon, Incheon, with two alcohols.

2. On May 29, 2019, at around 21:07, the Defendant committed assault on the frontway in Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, the Defendant: (a) committed an act of assaulting the part of the FF’s coke part of the circumstances belonging to the Incheon Gyeyang Police Station E District of the Incheon Gyeyang Police Station, which verified the details of damage against the business owner C; and (b) continuously buckbucks by assaulting the police officer’s legitimate execution of duties concerning the handling of 112 reports and crime prevention, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C, F, and G;

1. 112 Application of the 112 Reporting Report List and the Acts and subordinate statutes for each investigation report;

1. Article 314 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties against each other, and the punishment against F with heavier punishment);

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 crime of obstruction of performance of official duties heavier than the hostage)

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 on probation and community service order;

1. One to seven years and six months of imprisonment with prison labor for the scope of punishment by law;

2. The sentencing criteria based on the sentencing criteria do not present a majority of the sentencing criteria as to the ordinary concurrent crimes, and therefore, the sentencing criteria based on the sentencing criteria are presented.

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