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(영문) 인천지방법원 부천지원 2018.09.21 2018고단1933

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten 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 May 29, 2018, at around 03:34, Dongcheon-si B building 402, and around 402, the Defendant: (a) committed assault against D, a police officer belonging to the Seocheon-gu Police Station C District of the Seocheon-gu Police Station, which received a domestic violence report, by putting him/her a dangerous object in his/her ward on his/her hand; and (b) arrested him/her as a current offender of the crime of interference with the performance of official duties; (c) in order to move to the police station with the above D along with the above D, the Defendant committed assault, such as bucks, bucks, knicks, and knicks, knick,

Accordingly, the defendant carried dangerous articles and interfered with the police officer's legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of E and D;

1. Application of Acts and subordinate statutes on internal investigation reports (related to field conditions and assault damage);

1. Relevant Article of the Criminal Act, Articles 144 and 136 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] When carrying the motive and circumstance of the crime in question, the contents and degree of interference with the performance of official duties, the circumstances after the crime of this case, the previous criminal records, the defendant's age, sex behavior, family relationship, economic circumstances, etc., which are shown in the trial, shall be comprehensively considered, and the sentence shall be determined as ordered.