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(영문) 인천지방법원 부천지원 2016.06.08 2016고단684
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 March 23, 2016, the Defendant: (a) around 00:00, the Defendant: (b) placed a defective taxi driver who is under the influence of alcohol on the street before the “Catt” located in the Nowon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (c) refused to take passengers in the taxi on the street; and (d) interfered with the operation of the taxi on the street while driving the taxi.

Accordingly, the above taxi engineer reported to the police and sent to the police station as a slope E (28 tax) belonging to the Seocheon-gu Police Station D District E (28 tax).

피고 인은 위 택시에 달려들며 계속 택시의 운행을 방해하려 다 위 E으로부터 제지 당하자, E에게 욕을 하고 왼쪽 팔꿈치로 E의 얼굴 부위를 1회 때리고, 위 현장에 출동한 112 순찰차로 달려가 순찰차의 조수석에 임의로 탑승하려 다 이를 제지하는 E의 배 부위를 발로 3-4 회 찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

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 Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order (the scope of a recommendation) is that there is no person [the person who has been subject to special sentencing] in the basic area (from June to January 1) of the Act on the Obstruction of Performance of Official Duties (the decision of sentence): The defendant seems to have led to a confession of the crime of this case, have been divided into his/her mistake, the victim's intent to be proper apology, deposit a prescribed amount with the victim, and there is no record of punishment exceeding the fine even if the defendant has been punished: The crime of this case is used for violence against the police officer dispatched due to his/her mistake, and the quality of such crime is not good, and other circumstances such as the degree of interference with official duties due to the assault of this case and the assault of this case.

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