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(영문) 인천지방법원 부천지원 2018.07.19 2018고단1320

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:03 on May 6, 2018, the Defendant tried to see E in his hand a policeman who was next in the process of obtaining confirmation of the report, etc. from the slope D belonging to the Seocheon-gu Police Station C District, Seocheon-gu, Seoul, Seoul, who was called to the site after receiving a report of 112, from a person who was in the process of carrying out a trial expenses, and was subject to the said D’s restraint, and batddddddddddddddddddddddddddddddddddddddddddddddddddd

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (a) the Defendant mistakenly acknowledges and reflects his/her wrongness; and (b) the Defendant has no criminal history.

The defendant boomed a trial expense to the players, and interfere with the performance of official duties to the police officers dispatched due to his fault, and the nature of the crime is very poor.

Even after the arrest of a flagrant offender, it was difficult to take a bath in a global belt and escape from riot, and there is no good circumstance after the crime is committed.

In addition, the character and conduct of the defendant, the motive of the crime, the circumstances after the crime, etc. shall be determined as per the disposition.