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(영문) 인천지방법원 부천지원 2018.08.23 2018고단1561
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2018, at around 03:55, the Defendant: (a) committed assault before the entrance door of the “C District” located in Seocheon-si B; (b) however, the Defendant voluntarily accompanied the said District; (c) did so so, and (d) was solicited to return home without being examined by D from the background leading to the Damp of the Seocheon-si Police Station C District, Seocheon-si Police Station, Seocheon-si, Seoul; (d) stated that “I will go home,” and made a conversation as if you were to do so, assault the face of the said D one time.

As a result, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copy of the E statement;

1. Application of Acts and subordinate statutes to each DNA camp pictures;

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 Code of the Social Service Order - The defendant takes a bath within the earth, and takes a trial expense to the police officer. "I interfere with the performance of official duties at the time of collapse."

"A person who assaults a police officer on drinking with the word " has committed an act of violence," and the nature of the crime is very poor.

- Even after the arrest of a flagrant offender, the police officer continued to have a warning and had a disturbance.

The execution of official duties has been significantly hindered.

- However, the defendant shows an attitude to recognize and reflect his fault late, and there is no power to impose a fine exceeding the punishment.

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