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(영문) 인천지방법원 2017.08.18 2017고단4228

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On November 1, 2012, the Defendant was sentenced to four years of imprisonment for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act committed by a minor under the age of 13) at the Seoul High Court on November 1, 201 and completed the execution of the sentence on June 17, 2016.

[Criminal facts] On June 8, 2017, the Defendant: (a) around 21:19, operated in the vicinity of Seo-gu Incheon, Seo-gu, Seo-gu, Incheon.

“Along with the report of 112, a police officer’s legitimate performance of duties regarding the dispatch of report 112 was interfered with due process of duties by a police officer in relation to the dispatch of report 112, on a vinyl finite, which was a vinyl finite, which was finited by the staff E of the Incheon Western Police Station D District Unit, who was asked to leave the bus from the said bus.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (Investigation of bus booms images);

1. 112 Reporting records, photographs of each case, and photographs of damaged parts;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (prior convictions for repeated crimes), confirmation of the period of repeated crimes, and application of Acts and subordinate statutes on the acceptance status of individuals;

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of determination] the scope of the recommended punishment [the scope of the recommended punishment] that interferes with the performance of public duties, and the basic area [the scope of the recommended punishment] [the scope of the recommended punishment] that is six months to one year and six months [the general sentencing person] - The aggravated factors: The criminal records of the same type of repeated crime and the criminal records of the same kind of punishment that are not considered a repeated crime (less than ten years after the completion of the execution];

2. Where a defendant commits an offence against a police officer, who was under the influence of alcohol and was in the course of performing lawful duties, the nature of the offense is not good in light of the method and mode of the offense;

The defendant is highly likely to be subject to criticism by committing the crime of this case during the period of repeated crime.

The defendant has two or more criminal records.

The defendant.