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(영문) 인천지방법원 2018.06.12 2017고단7456

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On September 29, 2017, the Defendant: (a) reported on September 14:45, 2017, in the front of Gyeyang-gu Incheon Gyeyang-gu, that “three Aws are wraped by three persons”; (b) obstructed the Defendant’s act of assault; and (c) assaulted the Defendant’s act of assault to the F Hospital at which the Defendant was hospitalized, such as “Awshhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh”, to the Defendant, who was at his/her entrance, to the F Hospital at his/her entrance.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

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 circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the protection and observation, and the order to attend a lecture [the scope of a recommendation] and the reason for sentencing under Article 62-2 of the Criminal Act [the scope of a punishment] There is no person who does not have a basic area (the period from June to June) (the period from June to June) [the person who is subject to special sentencing] [the sentence] six months, and the period of suspended sentence one year: A person who interferes with the performance of a public service needs to be punished to establish the public authority and the law

A defendant has four times of a fine, and a defendant has three times of a fine, which has three times of violence.

The improvement of drinking and violence tendency is required.

The favorable circumstances: The mistake is recognized.

It is a contingent crime.

Recognizing that alcohol addiction is a alcohol addiction, the significance of treatment is shown.

In light of the above circumstances and other conditions of sentencing, including the defendant's age, sex, family relationship, property status, etc., the sentence shall be determined as per the order and the execution thereof shall be suspended only once, but an order to observe and attend the course shall be imposed to prevent recidivism and improve his/her character and conduct.