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(영문) 인천지방법원 2018.11.22 2018고단7173
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2018, the Defendant is under the influence of liquor on the road in Incheon Gyeyang-gu, Incheon, and the Defendant is under the influence of liquor, and the Defendant is under the influence of liquor from the auxiliary police C.

“A” was subject to sanctions from the victim E who was dispatched to the site upon receipt of a request for full-time assistance, and was assaulted twice by drinking the victim’s face.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement statutes to E and C;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / Selection of imprisonment with prison labor / Possibility of criticism against the riot of the police force that caused the waste and sacrifice of the police force, and the seriousness of the public authority by price action / her seriousness of the situation of the public authority committed at the time of the crime / her confirmation of suspended execution : Provided, That when considering the situation of the defendant at the time of the crime, the side effects of the custody of the defendant at his/her response, the status of the first offender maintained to take part in the middle year

The punishment of four months of imprisonment shall be determined within the scope of the recommended punishment (type 1, mitigation area, and up to August), and the execution shall be deferred for a period of one year on condition that community service for the prevention of recidivism is provided.

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