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(영문) 인천지방법원 2018.08.16 2018고단4611
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 23, 2018, at around 11:32, the Defendant: (a) 11:32 reported to the head of Bupyeong-gu, Incheon, Bupyeong-gu B building 1112, who did not pay an agency fee; and (b) sent to the head of the police box C of the Incheon Samsan Police Station C (27 Do) of the police box affiliated with the police box of the Incheon Samsan Police Station; (c) “I wish to kill or die this spath; and (d) assaulted the said D, such as provokinging the spath by provokinging it.

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

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

1. The following facts are the circumstances favorable to the Defendant: (a) under the influence of liquor on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution; (b) the responsibility for the crime of this case, which served a police officer as drinking without any particular reason, is not easy; and (c) the fact that a police officer was punished for the crime of this case, such as violence or interference with business affairs, are disadvantageous to the Defendant; (d) the fact that the police officer was able to take advantage of the fact that the police officer

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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