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(영문) 인천지방법원 부천지원 2018.04.12 2018고단377
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

At around 00:25 on January 26, 2018, the Defendant assaulted the Defendant at his residence, 112, i.e., “two vehicles parked by the Defendant driving under drinking,” and assaulted the Defendant, i.e., the police officer D and E, who was called the Defendant at the seat of the small police station C, the police officer called the Defendant to “B, weather sprink,” and the police officer called the Defendant to “B, weather spack,” and assaulted the Defendant, i.e., the chest of the police station D, who was called the Defendant at the seat of the police station C, for drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Investigation Report (Attachment to Criminal Images) - Application of CD 1, of damaged photographic 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 / [Scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [decision of sentencing] [decision of sentence] considering the following circumstances, the character and conduct of the defendant, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence identical to the order within the scope of recommended punishment according to the sentencing guidelines.

- A favorable circumstances: The Defendant is an initial offender who has no criminal history.

At the time of the investigation into the investigation agency, it was seriously against the crime by submitting anti-sexs even at the time of the investigation into the victimized police officers.

- Unfavorable circumstances: the Defendant, while driving a vehicle while parked in a state of drinking, did not take a measure against two vehicles; the Defendant, upon receiving such a report, took a bath for the police officers dispatched to the police officer due to his fault and assault.

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