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(영문) 인천지방법원 2018.03.07 2018고단40

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 03, 2017, around 00:41, the Defendant, while running a taxi on the front of the “KB National Bank of Korea” located in Nam-gu Incheon Metropolitan City, was subject to a traffic penalty notification disposition by traffic penalty by regulating it as a traffic signal violation from B around the situation belonging to the Southern Police Station in the Incheon Southern Police Station, and is subject to a traffic penalty notification disposition by the Defendant, “I see this ring and I am with penalty points as a taxi driver;

30,000 foot click clocks, so far as they are cut, clocks

“The spit of spits, spits, or spits the above B, and assaulted the said B by hand three times in terms of spits.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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 stay of execution ( normal consideration considered as follows):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The basic area (from June to one year and six months) of Class 1 (Interference with the performance of official duties and coercion of duties) [decision of sentence] / The sentencing conditions of the defendant during the trial of this case, including the defendant's age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered within the scope of recommended punishment.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

There is no record of punishment since 2002.

Unfavorable circumstances: The act of obstructing the performance of official duties by police officers is in need of strict punishment.

Although the defendant had been punished for the same kind of crime, he is highly likely to repeat the crime of this case again despite his past record of punishment.