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(영문) 인천지방법원 2017.05.10 2017고단1518
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 January 7, 2017, at around 01:50, the Defendant was running away from the music club in Seo-gu Incheon Metropolitan City, due to D, E, and alcohol value.

112 순찰차를 불러 F 지구대 소속 경찰관 경장 G, 순경 H이 피고인의 행위를 제지하자, 경찰관들에게 “ 짭새 새기, 개새끼, 죽여 버리겠다.

“A public bath,” and the police officer’s attempt to refuse to pay the drinking value to the Defendant and return home, and assault D and E, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of general reports and maintenance of order by assaulting the Defendant’s act, as the police officer G was prevented from committing the Defendant’s act, thereby harming the police officer’s lawful performance of duties concerning the handling of general reports and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, D, and E;

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

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 Criminal Act of the community service order;

1. Sentencing criteria: Type 1 (Interference with the execution of public duties and coercion of duties). Basic area (six months to one year and six months); and

2. The offense of this case is not likely to interfere with the exercise of legitimate public authority, which should be strictly executed.

Defendant has been punished for violent crimes.

Therefore, the defendant is sentenced to imprisonment.

However, considering the favorable circumstances, such as the fact that the defendant acknowledges and reflects the crime, the term of punishment shall be set in consideration of the defendant's age, sexual conduct, environment, means and results of the crime, and the circumstances before and after the crime, and the execution of the punishment shall be suspended.

In addition, in order to prevent recidivism, social service is ordered to the defendant.

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