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(영문) 인천지방법원 부천지원 2018.01.24 2017고단2821

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

around 04:50 on October 20, 2017, the Defendant did not pay the drinking value at the main point of “C” located in Seocheon-si B, but did not work as a business owner, etc., and was urged to return home from E, a police officer belonging to the D District, who was dispatched upon 112, who was notified of 112, who was urged to return home from E, a police officer belonging to the D District. (43) of the D District, who was called upon 112, “I am, I am, how much I am, I am, I am how much I am, I am, I am you am at the time of drinking, and assault E in front and rear by putting the work clothes of E with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (six months to one year and six months) of Class 1 (Interference with the performance of official duties and coercion of duties) [the decision of sentencing] [the decision of sentencing] and the conditions of sentencing indicated in the record, including the following circumstances and the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence as ordered within the scope of recommended punishment according to the sentencing guidelines.

- The Defendant had a large number of criminal records due to drinking or violence, and on December 9, 2016, committed the same crime again because it has long been sentenced to a fine of KRW 4 million due to the obstruction of performance of official duties in the Incheon District Court's Vice-Support on December 9, 2016.

- The nature of the crime committed by the police officers sent to their own mistake is very bad.

- However, the defendant shows his attitude to recognize and reflect his mistake.