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(영문) 인천지방법원 2017.06.23 2017고단3208

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 24, 2017, around 22:15, the Defendant assaulted the forest high school located in Seo-gu Incheon, Seo-gu, Incheon, about 58, in front of the street. On the other hand, the Defendant: (a) was exposed to the border of the police station in Seo-gu, Incheon, Seo-gu, Incheon, to be asked about personal information, etc. after being exposed to D; (b) was made without any justifiable reason; (c) was pushed into the chest part of the above D; and (d) was pushed into drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A witness statement of E;

1. Investigation report (in violation of traffic laws of the person under investigation - Unauthorized crossing control);

1. Application of Acts and subordinate statutes to photographs by cutting off on-site video images;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. Scope of the recommended punishment according to the sentencing guidelines [type of determination] : Group 1 (Obstruction of Performance of Official Duties and Compelling Performance of Duties) (Special Sentencing) - Aggravation factors: Aggravating motive [Determination in the sphere of recommendation] increased area of motive for committing an offense (decision in the sphere of recommendation] [Scope of the recommended punishment] - One year to four years;

2. Whether or not to suspend the execution (main reasons): - Unfavorable motive for a crime, identical criminal records (not more than five years, a suspended sentence, or a fine not less than three times) (general extenuating circumstances) - positive: Serious radius;

3. The offense of the defendant who made a decision on the sentence of sentence is deemed to be very bad in the nature of the offense, because he/she assaults a police officer who prevents him/her from crossing without permission under the influence of alcohol;

Although the defendant was aware that he was a police officer in uniform at the time of committing the crime, he did not speak against the police officer who demanded the presentation of his identification card, refused to do so, and arrested him because of many criminal offenses.

In the police investigation, the defendant made a statement to the effect that he did not know the reason for assaulting the police officer, but did not intend to agree with the victimized police officer.