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(영문) 인천지방법원 2017.04.20 2016고단8975
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2016, the Defendant: (a) at the Nam-gu Incheon Metropolitan City, Incheon Metropolitan City C around 15:30 on September 22, 2016; (b) at the Nam-gu, Incheon Metropolitan City; (c) requested the administrator and manager division to give a person in charge; and (d) from the scene D and E affiliated with the Nam-gu, Incheon Metropolitan City, Dong-gu, Dong-gu, Incheon to leave the site

Neina

들, 벌금 다 매기고 뭘 봐줘, 나 청와대에 다 고발할 거야 니네

These are the same human garbage, and intimidation was made by stating that it is “the fluoring of a sugar,” and assaulting the right shoulder of E in the right shoulder continuously.

Accordingly, the defendant interfered with legitimate execution of duties concerning C management by public officials belonging to the Nam-gu Incheon Metropolitan Government Office D and its affiliated public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the police interrogation protocol;

1. Each police statement made to E, F, G, H, I, J, and K;

1. Recording files and video images, photographs of the upper part of the box, and photographs of each field;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor in the mitigated area (i.e., one month to eight months) [Special mitigated Persons] [Judgment of sentence] The crime of this case was committed by assaulting a public official performing official duties, thereby obstructing the exercise of public authority, and the nature of the crime is poor, and the public official was not recovered from damage, and the defendant has to be severely punished for the same offense. However, the defendant needs to be strictly punished for the same offense only once, considering the defendant's age, sexual behavior, environment, motive and means of the crime, result of the crime, and the circumstances after the crime. It is so decided as per Disposition by the assent of all the sentencing factors indicated in the arguments of this case, such as the defendant's age, sexual behavior, and environment, the motive and means of the crime, the result, and the circumstances after the crime.

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