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(영문) 인천지방법원 2018.02.21 2017고단8727
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 6, 2017, at around 20:50, the Defendant: (a) the police officer called to the site upon receiving a report from a resident 112 who was under the influence of sound under the influence of alcohol in front of the Defendant’s house located in Bupyeong-gu Incheon, Bupyeong-gu C building 402; and (b) whether the police officer reported to the site “I she she she she.”

Age Madern fewn knife knife

As “,”, etc., the police officers affiliated with the Incheon Bupyeong Police Station D police box sent a bath to E, etc. with a large sound, and the above E sent the above E at one’s own clothes, and assaulting the above E with a strong batling, re-bating the batch, etc., thereby obstructing the police officers’ legitimate performance of their duties concerning the mobilization of report and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (personal image data);

1. Application of Acts and subordinate statutes to damaged photographs, 112 reported data;

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 Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and

2. Whether to suspend the execution [main reasons] - positive: Non- sources of punishment (including serious efforts to recover damage) - positive reasons - There is no criminal conviction or heavier than substantial reflect, and there is no criminal conviction or heavier than a suspended execution, and the Defendant’s health condition is very good.

3. The defendant who has been sentenced to five criminal punishment, among them, has a record of being sentenced to one fine for the same kind of crime obstructing the execution of official duties;

The defendant was reported to the police several times due to the act of disturbance in the place of residence, etc., and the crime of this case also committed against the police officer dispatched after receiving such a report, and the details of the crime.

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