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(영문) 인천지방법원 2017.10.26 2017고단6622

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

around 00:55 September 5, 2017, the Defendant: (a) the police officer affiliated with the 4 Team of the Incheon Gyeyang Police Station D District patrol 112, dispatched after receiving a report that fighting had occurred in front of the emergency room of Gyeyang-gu Incheon, Gyeyang-gu, and C Hospital; and (b) the Defendant: (c) the Defendant’s defect that E, a police officer affiliated with the 4 team of the Incheon Gyeyang Police Station

Is the police;

Does they die, and how they will die if they die;

Chewing har’s sound, and assaulted E at one time by hand at the same time.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations of wooden persons);

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 punishment] and the reasons for sentencing under Article 62-2 of the Criminal Act [the grounds for sentencing] are without any person [the person subject to special sentencing] [the six months to one year] and one year and six months of imprisonment], and the person subject to suspended execution and one year and one year of imprisonment need to be punished for the establishment of legal order and the protection of public authority. There are several criminal offenses, including the same sentence and the previous sentence of suspended execution. There are several favorable circumstances: the person subject to suspended execution and multiple criminal offenses committed for the interest of the person subject to suspended execution. A certain amount of money was deposited for the victimized police officer; the person subject to suspended execution of the sentence should be determined by taking into account the circumstances above and all other conditions of sentencing, such as the defendant's age, sex, family relationship, property status, and so on.