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(영문) 인천지방법원 2016.08.11 2016고단2874

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 April 16, 2016, at a restaurant of "C" located in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon on April 21, 2016, the Defendant received a report of 112 that the Defendant returned home under the influence of alcohol and received a report of 112, and sent out to the Incheon Central Police Station Down E, a police officer belonging to the police station of the Incheon Central Police Station, who was a police officer assigned to the D police station of the Incheon Central Police Agency, hicking the locked to return home from F.

Defendant 1’s “I Chewing h. N. N. L. L. L. L. L. L. L. L. L.h. to the above police officers.

Doz. Doz. Doz.

The bitch of bitch of a bitch of a bitch of a bitch of a bitch of a bitch, “,” and the face of the E was fluent by hand, once.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and orders to provide community service and attend lectures;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. Although the decision-making of the sentence should be strictly punished against the police officer who performed official duties, the fact that the defendant has recognized and reflected his crime, and there is no record of punishment exceeding the fine, and the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case shall be determined by comprehensively taking into account all the conditions of the sentencing indicated in the records, such as the defendant's age, occupation, sex, environment, and circumstances before and after the crime of this case.