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(영문) 인천지방법원 부천지원 2018.01.26 2017고단3023
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 October 15, 2017, the Defendant: (a) around 02:40 on the street in front of the Korean bank located in 1036, a light-breath of a breath of a breathal police station, and reported to the Defendant that a under the influence of alcohol would have a fright, and (b) the Defendant was sent to the site upon receipt of a 112 report that he would have a fright, and (c) the police officer: (a) confirmed the Defendant’s residence; (b) prevented the Defendant from driving ahead of the patrol vehicle without any justifiable reason; (c) “A” and “A” and “A” and “A” and “A” move to the police officer belonging to the same district group, while giving support to the said site, while moving to the Party, to take other reports.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (CCTV analysis);

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 suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person who has been subject to a special sentencing] in the basic area (6 months to 1 year and 6 months) [the person who has been subject to a sentence] [the decision of sentence] under the unfavorable circumstances, such as the defendant's assault against the police in the course of performing official duties, the nature of the crime is not good, and the fact that the defendant was sentenced to a suspended sentence due to the crime related to violence, each of the circumstances favorable to the defendant, including the fact that the defendant is against wrong, and the degree of assault is relatively minor, shall be determined by taking into account the various sentencing conditions shown in the argument of this case.

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