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(영문) 인천지방법원 2017.06.08 2017고단2160
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 9, 2017, the Defendant, located in Seo-gu Incheon Metropolitan City D on January 22 and 10, 2017, and on the front of the Incheon Seo-gu Police Station E District Police Station, arrested the Defendant’s daily task-on-road G to arrest the Defendant’s daily task-on-on-road to a fine unpaid, thereby moving the Defendant into the above district unit, and reported that the Defendant would grant the F a fine.

“Embaly, I would like to enter the same at the same time.”

At this time, the Defendant was unable to return home from F.

“A person who received a request, franchiscis, and franchiscis, and assaulted the victim’s bat with franchiscat by cutting down the victim’s bat with his left hand, and faced with the victim’s door at that place.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, and maintenance of order of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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 stay of execution (The following grounds for sentencing);

1. 【The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [6 months - 1 year and 4 months] 【The Decision of the Sentence 】 The Defendant asserted against the performance of official duties due to violence by taking advantage of the public authority and the wrong dynamic awareness.

However, even if there is this case, the crime was not committed more than 20 years of suspended execution.

It seems that there are two social ties, including dependants.

In this Court, the light of the last half of this Court shall also be considered in the favorable circumstances.

Then, the issue of recidivism depends on the defendant's own will.

shall be deemed to have been.

In addition to detention and isolation, treatment within society shall be selected only once.

In order to determine the amount of imprisonment for not more than six months within the scope of the recommended punishment, and to prevent recidivism and to improve character and conduct, the execution of a sentence shall be suspended for a period of not more than one year.

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