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(영문) 인천지방법원 2016.08.26 2016고단4741

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 July 12, 2016, around 19:35, the Defendant: (a) was under the influence of alcohol in front of the Nam-gu Incheon Metropolitan City, Incheon; (b) was under the influence of alcohol, and the slope D belonging to the Incheon Southern Police Station C District District of the Incheon Southern Police Station, where he was sent after receiving a report that a man frights, frights; and (c) prevented the Defendant, who frighted to fright and fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright

B. “I do not have so, I would like to see the face of the police officer D(34) due to the fingers, and the victim’s breasts were tightly pushed up two times due to the fingers.

The Defendant continued to take a police officer’s bath to “weak, Chewing,” and tried to cover the victim’s face due to fingers, and obstructed the victim on board.

Accordingly, the Defendant interfered with the legitimate execution of official duties by police officers related to criminal investigations under 112 reports by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendations] The basic area (from June to January 4) of the first type (the interference with the performance of official duties and the coercion of duties) (the judgment of sentencing) / [the defendant is recognized to commit a crime] / The defendant has no criminal history of imprisonment without prison labor or heavier, the defendant has no criminal history of punishment, and the defendant's age, sex, sex, environment, motive and circumstance of the crime, circumstances after the crime, etc., shall be determined as above, taking into account the following factors: