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(영문) 인천지방법원 부천지원 2017.02.16 2017고단47

공무집행방해

Text

A defendant shall be punished by imprisonment for 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 October 29, 2016, around 22:25, the Defendant: (a) was under the influence of alcohol in front of the bus stops of the Gangseo-gu Seoul Metropolitan Government, Gangseo-gu 27-ro 9 Fire Middle School bus stops for Fire-Fighting 27-gil-ro, Seoul, and (b) was sent to the taxi and the taxi in relation to the running route; (c) was recommended by C of the Seoul Gangseo-gu Police Station B District of Seoul, which was called upon a report by a taxi officer to arbitration and return to the taxi; and (d) without any reason, “hum the horse is called as a vision since it was distorted;

Chewing garment, which was assaulted by the police officer, such as taking a bath as "Chewing sarbling", sarbling the upper part of the above police officer once, and pushing his body.

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. Statement made by the police against C;

1. Written statements of D;

1. Application of each statute on photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is inferior to the quality of the crime by assaulting a police officer who has worn a uniform. However, considering all the circumstances such as the Defendant’s violation of his/her mistake, the Defendant’s payment of KRW 700,00 to the victimized police officer, the Defendant has no record of the same crime, the Defendant’s age, sex behavior, degree of assault, and circumstances after the commission of the crime.