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(영문) 인천지방법원 부천지원 2018.10.11 2018고단2070

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 August 6, 2018, at the defendant's house located in Seocheon-si B around 15:3 on August 6, 2018, after women's child-friendly C, and after having a horse-friendly dispute with the defendant, he/she would throw away a gas valve in the house under the influence of alcohol by opening it.

In order to prevent further crimes, such as ascertaining the violence against C and preventing the Defendant’s self-harm, the police officer, who was dispatched after receiving the report of 112 from the Seocheon-gu Police Station D police station D police officers, in the house, was sniffing gas smell E in the house, and the Defendant’s disturbance to “be dead,” and the reporter did not contact with C. Thus, it was required to accompany D to prevent additional crimes, such as preventing violence against C and the Defendant’s self-harm.

When the Defendant gets a noise from E by avoiding disturbance without any justifiable reason while moving along the patrol road, he gets a noise, and gets a bath to E, put him a drinking, display his back part on the hand floor, putting his shoulder on several times with the hand floor, and shaking the shoulder.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers who were in charge of the 112 reported cases and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing the table of 112 Incident;

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 under Article 62-2 of the Criminal Code of the Social Service Order - The defendant mistakenly acknowledges and reflects his fault.

- The defendant has interfered with the execution of official duties while assaulting the police officer in uniform dispatched due to his mistake, and the nature of the crime is very poor.

- has been punished several times due to violent crimes.

However, the period of punishment for the suspension of the execution of imprisonment due to the same violence crime has long been punished by a fine after the lapse of 2005.

- Other factors such as the motive for crime, method of crime, and circumstances after crime.