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(영문) 인천지방법원 부천지원 2017.10.27 2017고단1731

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 4, 2017, at around 05:35, the Defendant received a report that “math male customers continue to take time without going to go to the site,” and responded to the Defendant’s demand for returning to the Republic of Korea, by assaulting the victim’s knee and fbbbbbbbs, etc., who was dispatched to the site at the location of “math-si Building C”, with the notification that “the victim, who was dispatched to the site, received the notification that he/she received a report of business interference with the Defendant.” In addition, the Defendant interfered with the Defendant’s legitimate execution of duties concerning the handling of reports by police officers, etc. by assaulting the victim’s knee and fbbbbs, etc., who was dispatched to the site.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes on the place of work, damaged photographs, and details of reporting 112;

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 (The following favorable circumstances):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (from June to one year and six months) [the person subject to special sentencing] [decision of sentence] under favorable circumstances such as the defendant's wrongness, and the fact that the police officer's exercise of force is relatively minor, the defendant takes into account 10 times as a crime related to violence and the fact that there is a history of punishment more than 10 times as a crime related to violence and the fact that the defendant has been punished shall be considered, taking into account the various sentencing conditions shown in the argument of this case, and determine the same sentence as the order.