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(영문) 인천지방법원 2018.07.23 2018고단4138

공무집행방해등

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

1. On April 29, 2018, the Defendant obstructed the victim’s restaurant business by force by avoiding disturbance, such as speaking for the victim and assaulting the victim, at the “E restaurant” operated by the victim D (n, 43 years of age) located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon. The Defendant obstructed the victim’s restaurant business by force.

2. In front of the places indicated in paragraph (1) around 14:35 of the same day, the Defendant: (a) attempted to take a knife a knife with a knife of the F District of the Yeonsu-gu Incheon Training Police Station, who was dispatched after receiving a 112 report, as a knife with a knife with a knife with a knife, and used a knife with a knife,

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. 집행유예 형법 제 62조 제 1 항 양형의 이유 【 권고 형의 범위】 다수범죄 처리기준에 따라 [1 년 이하] 특별( 일반) 감경 인자 : 피해자들의 처벌 불원 / 초범 【 선고형의 결정】 애꿎은 시민이나 경찰에게 자신의 분노를 투사하는 난동의 정도가 무거운 편에 속한다.

Since the first offender's first offender has an ethic tendency with the awareness of public authority and legal comparison, it is certain that the punishment is imposed on the property, but it is difficult to achieve the effect of suppressing the second offender.

shall be deemed to have been.

However, in light of the weight of the mitigated person and the efforts for the recovery of damage, it is appropriate to treat the mitigated person in society.

The punishment for four months shall be determined by imprisonment within the scope of the recommended punishment, but the execution thereof shall be suspended for a period of one year.

Rejection of Public Prosecution

1. The summary of the facts charged is at the time and place set forth in Paragraph 1 of the judgment.