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(영문) 인천지방법원 2017.12.15 2017고단7747
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence 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 21, 2017, the Defendant was written with male in Bupyeong-gu, Incheon, B, and on the street around 21:50.

''A police officer of Samsan Police Station C District D belonging to the Incheon Samsan Police Station C District D, E, who was dispatched upon the report of 112, shall be a shoulderer "I am, I am, I am, I am. I am. I am. I am. I am. I am. I am. I am.

“The above police officers are required to take a bath, and the above police officers are required to stop the defective patrol vehicle in their body in order to move to the patrol vehicle, hold a chief door of the patrol vehicle and get on the patrol vehicle, and the defendant was required to get off the patrol vehicle by inserting the body inside the vehicle and get off the patrol vehicle three times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement in F and G (a reporter and witness);

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of cellphone images);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended punishment according to the sentencing guidelines [the type of determination] interference with the performance of public duties, and interference with the performance of public duties, the scope of the recommended punishment [the scope of the recommended punishment] basic area [the scope of the recommended punishment] [the scope of the recommended punishment] from six months to one year and six months [the general sentencing person] mitigation element: No record of criminal punishment;

2. Whether to suspend the execution (major reasons) - positive: None of the past record of criminal punishment (general reasons) - positive: Serious reflection, absence of criminal records of suspended execution or heavier punishment;

3. The sentence of sentence is determined by the Defendant: (a) the Defendant, upon receiving a report from the Defendant to invite him to invalid; and (b) the Defendant interfered with legitimate duties by taking the face of the police officer boarding the patrol vehicle and inducing him to leave the vehicle, which is operated for patrol within the jurisdiction; and (c) the nature of the offense is not good.

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