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(영문) 인천지방법원 2018.01.18 2017고단8431
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 November 11, 2017, at around 00:45, the Defendant arrested the police officer E belonging to the Incheon Gyeyang Police Station D District Police Station as a current criminal of assault, dispatched after receiving a report from 112 on the street in front of the C cafeteria in Gyeyang-gu Incheon, and refused E to take the blick onto the patrol vehicle, thereby refusing E to take the buck.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A medical certificate;

1. Application of E standing photographs, search photographs at each site, boom ct video images, ctv video images;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (six months to one year and six months) of the first category (Interference with the performance of official duties and coercion of duties) [Judgment of sentence] [Judgment of sentence] The degree of assault, which is not agreed with the police officer who suffered damage, is not less vulnerable to the degree of assault, which is the means of obstructing the performance of official duties, but the defendant does not have the same criminal records and is contrary to the defendant, and the defendant is a contingent crime, and other factors such as character, character, family environment, etc. of the defendant are considered.

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