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(영문) 인천지방법원 부천지원 2019.06.13 2019고단722

공무집행방해

Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2019, at around 00:40, at the first floor and office of the Seocheon Police Station, which was 70,000, Seocheon-ro, 160-ro, Seocheon-si, and was arrested in flagrant offenders, and refused to comply with a request for fingerprint collection to verify identity, and assaulted the head of Seocheon History Police Station B, the head of Seocheon-si Police Station B, on one hand.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the identification of a suspect by a judicial police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Relevant Article 136 (1)0 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentencing guidelines set by the Sentencing Committee shall be determined within the scope of the sentence recommended by the Sentencing Committee in consideration of all the conditions of sentencing specified in the arguments in the instant case, including the fact that the police officer, who is performing the duty of sentencing as the reason for the suspended sentence, intentionally prices the police officer, was under the influence of alcohol, the fact that there was no record of criminal punishment in the Republic of Korea, the confession of the crime, the fact that the mistake is divided, and the defendant's age, character and behavior, the environment, the circumstances after the crime, etc.