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(영문) 인천지방법원 2017.04.12 2017고단789

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2017, around 23:20 on January 5, 2017, the Defendant reported that the Defendant 112, in front of the fourth floor C branch of the building in the Namdong-gu Incheon Metropolitan City, was frighting the breast of the police officer E, who called out after receiving a report that he was frighting without paying the drinking value, was pushed down twice as his hand, and the Defendant “Chewing frighting,” and “I do not want to do so.

§ 30,000.

Chewing “Absing the face of police officers” and assaulted the police officer F's face on one occasion by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The 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 recommendations] The grounds for sentencing under Article 62-2 of the Criminal Act [the scope of punishment] shall be determined as ordered within the scope of the recommended punishment, by taking full account of the following circumstances: (a) the basic area (six months to one year and six months) (in the event that the degree of violence, intimidation, deceptive scheme, or obstruction of public service is minor; (b) the number of damaged public officials; (c) the decision of sentence is made]; and (d) the sentencing conditions specified in the trial process of this case, including the Defendant’s age, sexual behavior, family relationship, family environment, motive and means of the crime, and circumstances after the crime, etc.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There shall be no record of punishment of imprisonment without prison labor or heavier.

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.

The defendant has been already punished two times for the same kind of crime, and the last crime is punished in 2016, but again, the crime of this case is committed again.