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(영문) 인천지방법원 2017.10.26 2017고단6269

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2017, around 16:35, the Defendant took a bath for the surrounding people on the street in front of the “D cafeteria” located in the Namdong-gu Incheon Metropolitan City, and took a trial expense, and the Defendant was placed at the patrol officer of the Namdong Police Station E-gu, Seoul, where the Defendant received a 112 report, and was dispatched to the police officer (26 years old) of the 4 team of the 112 patrol team, and the Defendant did not have a frank for the above patrol officer.

"A police officer's legitimate execution of duties in relation to the prevention, suppression and investigation of crimes was hindered by assaulting the police officer at his/her floor on one occasion with her hand and twice with his/her buck, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of statutes on site photographs;

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 stay of execution (The following grounds for sentencing);

1. The defense counsel regarding the assertion of mental and physical disorder under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was physically and mentally weak due to alcohol abuse, dependence, depression, etc. at the time of committing the crime

The argument is asserted.

However, in light of the specific details and contents of the crime, the Defendant’s expression at the scene of the crime, whether the Defendant was a police officer in advance, and the conduct before and after the crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the crime.

【The reason for sentencing 【The scope of the recommended punishment 【The scope of the punishment 】 the mitigated area of the public service [ - 8 months]: In the event that the degree of the obstruction of the public service is minor, 【The Decision on the Punishment of Sentence 'the Decision' based on the defendant's rehabilitation will is urgent rather

The punishment of four months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for a period of one year on condition of community service for the improvement of sex.