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(영문) 인천지방법원 2018.11.09 2018고단6341

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 9, 2018, the Defendant received a 112 report that domestic violence occurred in front of 13' adult knivem 72 'Ye-ro 13' from Namdong-gu Incheon, Nam-gu, Incheon, and called "I am flick, I am flick, I am to flick." The Defendant called "I amflick, I am to flick, I am a public official."

"....................... knife knife knife with hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (the seven pages of evidence records, the attachment of video data, and the change of the name of the crime);

1. The details of 112 reported cases;

1. Application of related Acts and subordinate statutes to photographs;

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. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and

2. Whether to suspend the execution (general extenuating circumstances) - positive: Serious reflection.

3. The Defendant’s criminal act of sentencing was committed on two occasions under the influence of alcohol, and the police officers called out after receiving a report of domestic violence was placed on their hand and obstructed legitimate execution of their duties. The crime was committed on the clothes of the police officer, and the crime was committed in such a manner that the above construction section was in line with the police officer’s construction section and there was a risk of causing serious physical harm to the police officer during this process. This is not very good.

Since the other party clearly recognizes the fact that he is a police officer, the defendant has committed the crime, there is a high possibility of criticism for the crime.

In order to protect the national legal order and the function of public authority, these crimes should be punished strictly.