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(영문) 인천지방법원 2018.02.01 2017고단7365

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

The defendant around October 10, 2017, around 05:11, the defendant is not under the influence of alcohol in front of the Cheongcheon Elementary School of the Cheongcheon-ro, Busan, Seocheon-ro, 127.

“On the ground that a policeman, a police officer belonging to the Incheon Bupyeong Police Station B District, who was dispatched upon receipt of the report 112, was broken the Defendant, who was in the taxi, committed assault against the said C, such as taking a bath for the said C, by walking the mouth of the said C and the buckbucks, and getting off the taxi even after getting off the taxi, she was out of the said C while taking a bath for the said C.

Accordingly, the Defendant interfered with the police's legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of D;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: 4 months of imprisonment with prison labor, and one year of suspended sentence, the Defendant committed the instant crime by walking the police while taking a bath. In order to establish the national legal order and eradicate the light of the public authority, it is necessary to strictly punish the instant crime against public authority, such as interference with the performance of public duties.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant seems to have committed the crime of this case by contingently to the drunk, the defendant has no particular record of crime other than one fine prior to punishment, and there is no previous record of the same kind of crime, and the defendant's age, sex, environment, motive for the crime, and the like.