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(영문) 인천지방법원 2018.04.26 2018고단1269
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 December 21, 2017, at around 00:40 on December 21, 2017, the Defendant received a report from the Defendant on traffic accident-related 112 in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, E District Police Station E DistrictF belonging to the Yeonsu-gu Incheon, and Gman under the same jurisdiction, on the ground that this gue does not easily bring the Defendant’s horses, “this gue listen to the victim.”

why is the perpetrator's convenience or not

“,” and “Isker’s name, 2.00

“,” or “Isn the police duplic, and Isia have also taken the attention of H department.

The term "in doing so, while putting the left part of G on his hand, flabing him with flab, flabing him, flabing him, flabing him with the upper part of F which restrains him, and flabing him with his left part.

As a result, the defendant assaulted the police officer's legitimate execution of duties concerning the dispatch of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 【The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [the lowest limit of recommended punishment is considered as the case of commercial concurrence for not less than six months; considering only the case of recommended punishment] - The case of a large number of damaged public officials / the case of minor degree of assault / The case of minor degree of assault / 【The reason for sentencing, and the case of minor degree of assault - the degree of light of public power committed by the defendant’s behavior

However, in light of the circumstances of the Defendant’s isolation at the time of committing the crime, the status of an isolated elementary offender, and his/her self-examination through criminal prosecution, it is difficult to readily conclude that the risk of recidivism is obvious to the extent of choosing detention as the sole edification method, or the criminal inclination has reached the stage of isolation.

It is desirable to provide careful treatment to society only once.

shall be deemed to have been.

【Determination of sentence】 Four months of imprisonment with prison labor, which is lower than the lower limit of the punishment.

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