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(영문) 인천지방법원 2019.02.18 2018고단8876

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a suspended sentence of four months for a violation of the Punishment of Violences, etc. Act (joint coercion) on May 11, 2017, and was sentenced to a suspended sentence of two years on May 19, 2017, which became final and conclusive on May 19, 2017.

【Criminal Facts】

On October 14, 2018, at around 21:00, the Defendant received the report of 112 cases that the Defendant was under the influence of liquor on the front of Gyeyang-gu Incheon Gyeyang-gu, and used the Defendant to stop fighting from the police officers belonging to the Incheon Gyeyang Police Station C District, Incheon Gyeyang Police Station C District, which called the Defendant, and used the Defendant to walk the mone and walk the knee of D at one time.

Accordingly, the defendant interfered with legitimate execution of duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as inquiry reports and written judgments;

1. Article 136(1) of the Criminal Act applicable to criminal facts, Article 136(1) of the Act on the Selection of Punishment, Article 136(1) of the Criminal Act, and Article 136(1) of the Act on the Selection of Imprisonment for Social Treatment as Reasons for the Sentencing of Punishment, but rather, it is not consistent with the equity with the other Defendants, as well as the legal sentiment of the general public, so it is desirable to refrain as much as possible, unless special circumstances for specific justice exist.

In recent 3 years, the number of obstruction of the performance of official duties has reached 14,00 annual average of 10,000.

The so-called so-called "police" that the police officer, who will resolve the dispute strongly at the reporting site, and protect the safety and order of citizens, rather is the one of the pathology that is faced by the assault and harassment of the reported person.

In the instant case, the Defendant sent to police officers who engage in sublime business in the instant case with the enemy-speak and responded to the violence of the enemy-speak.

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