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(영문) 인천지방법원 2018.07.12 2018고단3096

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 March 27, 2018, at around 04:54, the Defendant, who operated a large bus C on the 520 Bupyeong-gu Office Street, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, and controlled the Defendant from E to the violation of signal, while operating a large bus C on the 520 Bupyeong-gu office street.

Defendant’s “whether it is too excessive from invasion,” to the policeman E, who received a notice of the violation of signals from the policeman E;

We see the word "I am save with a close sense and cut off," but I see the word that I cannot do so from E, I saw it as "I am save", and spite E with a view to getting saves. Accordingly, the Defendant interfered with the legitimate performance of duties concerning traffic control by police officers.

Summary of Evidence

1. Statement by the defendant in court (Provided, That the date of the second public trial shall be the date);

1. Application of the witness E’s legal statement statutes;

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 suspended execution;

1. 【The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [6 months - 1 year and 6 months ] of the basic area of the first category of the Social Service Order / 1 year / 6 / 1 year / 1 year ] The punishment for property punishment is a certain punishment against the defendant in light of the attitude of the public authority which led to a serious degree of the decision of sentence / the attitude of the suspension of the grace period, the re-offending of the grace period, the s

However, it is difficult to conclude that the level and type of violence that occurred in the instant case, the degree and type of detention, the possibility of being infected with the bad morals from inmates, the support relationship between the Defendant and his visitors, the circumstances of his confession, and the circumstances of his confession, have reached the stage of isolation to the extent that he selects the detention as the sole means of edification.

In addition, careful treatment in society is appropriate.

The punishment for six months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for two years on condition that community service for the prevention of recidivism is provided.