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(영문) 인천지방법원 부천지원 2019.01.04 2018고단2721
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 13, 2018, at around 00:49, the Defendant, a police officer belonging to the D District Unit, who was able to sleep on the front of the C Pharmacy located in Seocheon-si B and was called up after having received 112 report, assaulted the face of E one time with his own hand on his own 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. Defendant's legal statement;

1. E police statement;

1. A statement of witness of the F;

1. The work log in the D District;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act recognizes the defendant's responsibility for the crime of this case, the fact that there is no record of criminal punishment for the same crime, the degree of obstruction of performance of official duties is relatively heavy, under the influence of alcohol, a police officer dispatched to assist and help the defendant who was diving in India by using violence without any justifiable reason, and the nature of the crime is not good, the arrest of the defendant as a flagrant offender, and the attitude of the police officer was bad after the arrest of the defendant as a flagrant offender. The police officer goes beyond the police officer in the process, and goes beyond the police officer to go against him/her, and the punishment is determined by comprehensively taking account of various circumstances, including the defendant's age, character and behavior, the background of the crime, and the circumstances before and after the crime, and the sentencing guidelines for the crime of obstruction of official duties.

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