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(영문) 인천지방법원 부천지원 2017.11.17 2017고단2040

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 29, 2017, the Defendant: (a) on the street in front of “C” located in Seocheon-si B on August 29, 2017; (b) on the street in front of the State, the Defendant called “C”; (c) the Defendant, a police officer affiliated with D police station D police station D police station, who was dispatched after receiving a report on the state revocation column, called “the liquor tax for late drinking because of the night.”

As the police did not do so, the police told the Doar, sexual criminals, magazines, and the police do not do so, and assault the E’s neck by double hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. 112 Application of the 112 Reporting List, and the Act and subordinate statutes governing the employment of the D District;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person who does not have a basic area (from June to one year and six months) [Special Sentencing Decision] : The defendant exercised violence against a police officer who performs legitimate execution of his/her duties; circumstances favorable to the nature of the crime; recognition of and reflects on the crime; absence of the record of punishment for the same kind of crime or of suspended execution or heavier punishment; records and changes in the records, such as the motive and background of the crime; degree of violence; circumstances after the crime; and circumstances after the crime.