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(영문) 인천지방법원 2017.12.14 2017고단5986

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

Reasons

Punishment of the crime

On August 14, 2017, at around 23:22, the Defendant: (a) reported in front of the operation of Bupyeong-gu, Incheon, Bupyeong-gu B B Ba, and sent out after receiving 112 reports; and (b) the Defendant sent the police box of the Incheon Bupyeong Police Station C Ba in accordance with the same flasium, and (c) the Defendant was aware of only the Defendant’s “assume, flad, and Gah”.

"Along with the desire of "" and assaulted the inside part of the above D with his head on two occasions.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph videos taken by police officers on the spot;

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 of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is 【The scope of recommended punishment】 The basic area [6 months - 1 year and 6 months] 【The Decision on the Punishment of Sentence】 The violence tendency and legal personality and behavior are being examined recently.

The punishment for six months shall be determined within the scope of the recommended punishment, and the execution of the punishment shall be suspended for a period of one year on condition that community service and attending lectures for the prevention of recidivism.