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(영문) 인천지방법원 2017.10.18 2017고단6195

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 June 7, 2017, at around 23:50, the Defendant committed assault, on the part of the C main station located on the sixth floor of the Incheon Gyeyang-gu Incheon building B, such as assaulting the police officer E, who was dispatched after receiving a report of 112, prevented the Defendant from doing the Defendant’s act. As the police officer E, who belongs to the D District Police Station of the Incheon Gyeyang-gu Incheon Gyeyang-gu Police Station, used the police officer’s neck and face to walk at one time. The Defendant, by hand, assaulted the police officer, who was assigned to the D District Unit of the Incheon Gyeyang-gu Police Station, with the wheels and face of F, who was assigned to the police officer of the Incheon Gyeyang-gu Police Station.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of I and J;

1. Application of the Acts and subordinate statutes to the damaged photograph (F) and to the CCTV course photograph;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Sentencing criteria: The basic area (six months to one year and four months) that interferes with the execution of public duties; and

2. The Defendant shall be sentenced to imprisonment with labor, given that the nature of the instant crime is not good in light of the method, mode, and consequence, etc. of the instant crime that prevents police officers from performing their official duties by exercising the force directly to police officers.

However, considering that the defendant's mistake is recognized and reflected, the fact that there is no past record of fine or heavier punishment, etc., the court shall determine the term of punishment in consideration of the defendant's age, sex, environment, mode of crime, degree of damage, circumstances before and after the crime, etc., and shall suspend the execution of the sentence.

In addition, in order to prevent recidivism, the defendant is ordered to take lectures for community service and violent treatment.