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(영문) 인천지방법원 2018.04.19 2018고단1252

폭행등

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.

(e).

Reasons

Punishment of the crime

On January 21, 2018, around 18:05, the Defendant: (a) confirmed the circumstances of the instant case by police officers E (27 tax) belonging to the D District Police Station, who called up after receiving 112 reports on the assault as to the dismissed part of the prosecution in front of the 1502-dong, Nam-gu, Incheon, Nam-gu, Incheon, 201, the Defendant interfered with the legitimate performance of public duties by police officers, such as sending back the bridge of the police officer F (27 o) who was called up upon receiving 112 reports on the assault as to the dismissed part of the prosecution; and (b) demanded the presentation of a resident registration certificate.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to photographs damaged thereby;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Suspension of Execution (the scope of recommendations) is that there is no person [special sentencing person] in the basic area (from June to January 1) (the special sentencing person] (the decision of sentencing is sentenced] (the decision of sentencing is six months), six months in the suspension of execution of public duties, and one year in the suspension of execution of public duties: A person who interferes with the performance of public duties needs to be punished to establish public authority and legal order.

The accused has been punished by a fine of seven times, such as violence, insult, obstruction of performance of official duties, and obstruction of work.

The favorable circumstances: The mistake is recognized.

It is a contingent crime.

A certain amount of money was deposited for damaged police officers.

The sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the defendant's age, sex, family relationship, and property status, and the execution thereof shall be suspended only once.

Rejection of Public Prosecution

1. On January 21, 2018, the Defendant: (a) around 17:40 of the facts charged, the victim who obstructed the passage of the vehicle operated by the victim G (49 tax) on the front of the 205-dong, Nam-gu, Incheon, Nam-gu, Incheon at around 17:40.