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(영문) 인천지방법원 2017.02.09 2016고단7948

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

On October 28, 2016, around 01:22, the Defendant: “D’s factory operation room located in Namdong-gu Incheon Metropolitan City,” and “D’s knife knife knife knife” was taken by the Defendant, upon receiving a report from 112, was the victim E and F, who was dispatched to the site, was the suspect; and

Does it be stable;

If the body is not good if the body is not good, it shall be taken up in house.

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Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of report 112 by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes to inquiries, such as reports on investigation and criminal history;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the Order to Provide community service and attend lectures [the scope of recommended punishment] The mitigated area of Category 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties) (1 to 8) [Special mitigated Persons] The scope of sentence comparison between physical and mental weakness (no one responsible) and recommended sentences: January - 8 [Pronouncement Decision] The Defendant was diagnosed by a bipolartic disorder, etc. in 201 and was hospitalized in a medical institution several times by the end of January 2016, and the Defendant was under hospital treatment by the end of 2016.

In addition to the crime of this case, it seems that the police box after the arrest of the flagrant offender was the next president and the police officer took a fluorial and non-sexual behavior seems to have the influence of this force.

In the investigative agency of this case, the court of this case.