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(영문) 인천지방법원 2018.01.10 2017고단8144
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 27, 2017, at around 17:55, the Defendant: (a) called “D restaurant in Nam-gu Incheon Metropolitan City,” saying, “the Defendant would wear as if he or she opened”; and (b) received a report from 112, the police officers belonging to the F District would control the Defendant, who called out upon receiving the report, and called “I ambling, ambas, knick, knick, and knishing,” and assaulted the police officer G with his or her hand, and assaulted the police officer H’s arms.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to report on investigation, such as photographs of damage, work logs, CCTV, etc.;

1. Article 136 (1) of the Criminal Act applicable to 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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is that the defendant's responsibility for the defendant is minor in light of the following: (a) the defendant's use of violence against police officers during his/her restaurant while committing an act of disturbance, etc.; and (b) the defendant's use of violence against police officers until now, etc.

However, the extent of the defendant's exercise of his/her tangible power is not much severe, the defendant is divided into his/her own mistake in depth, and only the defendant has old punishment force without the same force, and the defendant is making it difficult for him/her to maintain his/her livelihood at class 4 of visual disability, and the defendant's age, sex, environment, motive, means and result of the crime, etc., and the various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the order.

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