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(영문) 인천지방법원 2017.11.09 2017고단6733

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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.

Reasons

Punishment of the crime

On September 12, 2017, the Defendant, at around 00:50 on September 12, 2017, demanded that police officers be subject to a disposition of drinking disturbance at the Bupyeong-gu Incheon Bupyeong Police Station C District District of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, Incheon, to take a trial expense, and that police officers affiliated with the said District would make a solicitation for returning home to the Defendant, and violated D's chest by their hand when refusing to do so.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to global guard service.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on violence photographs;

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

1. 【The grounds for sentencing under Article 62(1) of the Criminal Act (the grounds for sentencing as follows) 【The scope of the recommended punishment】 The scope of the mitigated punishment [Article 62(1) of the Criminal Act / [Article 62] / The scope of the mitigated punishment [Article 62] : Where the degree of violence is minor, the punishment for four months shall be determined within the scope of the recommendation of the sentence / 1 year