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(영문) 인천지방법원 2017.06.07 2017고단2412

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

around 00:40 on March 4, 2017, the Defendant was issued a notice of penalty payment due to drinking disturbance from F and G, a police officer belonging to the Incheon Southern Police Station E District, who was dispatched to the site after receiving a report from 112, “D” in front of the liquor house of the Incheon Nam-gu Incheon Metropolitan City, and on the ground that F and G were issued a notice of penalty payment due to drinking disturbance, on the ground that the Defendant was issued by F and G, a police officer belonging to the police officer belonging to the Incheon Southern Police Station E District, who was dispatched to the site.

좆만한 새끼들. 아들이 군에 있는데 총을 갖고 오게 하여 쏴 죽여 버리겠다’ 는 취지로 욕설을 하고, F과 G이 순찰을 위해 순찰차량에 탑승하여 이동하려 하자, 위 순찰차의 우측 앞쪽에 서서 차의 진행을 가로막고, 위 차에서 내려 비키라고 말한 G의 가슴 부위를 손으로 1회 가격하였다.

Accordingly, the Defendant assaulted the above G, who is a police official, and obstructed the legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The grounds for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend the lecture [the scope of recommendation] The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] shall be determined as per the order within the scope of the recommended punishment, taking into account the following circumstances: the defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc.:

Unfavorable circumstances: It is necessary to severely punish police officers in order to enhance their trust in national public authority with respect to their acts of obstructing the performance of public duties.

Although the defendant had been punished for a suspended sentence for the same kind of crime, he again committed the crime of this case.

A favorable circumstances: The defendant shall be present.