(영문) 인천지방법원 2018.01.25 2017고단8865

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.01.25 2017고단8865

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than five 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 November 9, 2017, at the main point of "D" located in Jung-gu Incheon, Jung-gu, Incheon, on November 2017, the Defendant: (a) received a report of the day-to-day and the day-to-day day-day day-to-day day-day day, and obstructed police officers’ legitimate performance of duties concerning the handling of 112 reported reports by "F, who was dispatched to the Jung-gu, Incheon, Police Station E division of the Jung-gu, Incheon."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G’s statement [In light of the detailed circumstances of the crime, the expression by the Defendant at the scene of the crime, the measures by the police officers surrounding the Defendant, the response by the Defendant, the dialogue between the Defendant and the act before and after the crime, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions by taking the main action at the time of the crime.]

Application of Statutes

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. 【The grounds for sentencing under Article 62(1) of the Criminal Act 【The scope of the recommended punishment】 The scope of the mitigated punishment area of the obstruction of the performance of official duties / [eight months]: In the event the degree of obstruction of official duties is minor, 【the Decision of the Sentence / The Decision of the Punishment / the possibility of re-offending or the legal intent is not deemed significant in light of the Defendant’s character and behavior.

The punishment for five months shall be determined by imprisonment within the scope of the recommended punishment, but the execution thereof shall be suspended for a period of one year.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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