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(영문) 인천지방법원 부천지원 2018.02.22 2017고단3133

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 8, 2017, the Defendant reported 112 that “A taxi engineer or a Si guard incurred a taxi driver or a Si guard” on the roads in front of Busan City, Seocheon-si, 2017, on the ground that he was under the influence of alcohol and did not speak for an accurate destination. On the ground that he was under the influence of alcohol, the Defendant assaulted the said D on the ground that he was in the course of having reported 12 that “A taxi driver or a Si guard incurred a taxi driver or a Si guard.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (to hear statements by sphos telephone);

1. Place of work;

1. Application of each statute on photographs;

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. Although Article 62-2 of the Criminal Act of the community service order does not impose an unfavorable degree of interference with the execution of official duties on the grounds of sentencing, the following circumstances are taken into account: (a) the Defendant’s reflects the Defendant; (b) the Defendant has no record of the same kind of suspended execution or higher; and (c) the Defendant’s character, conduct,