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(영문) 인천지방법원 부천지원 2017.12.08 2017고단2486
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

The suspect A(70 years of age, women) is a person with no certain occupation, and the victim B(33 years of age, South) is a police officer who serves in the police box of Kimpo Police Station C.

On August 15, 2017, at around 18:50, the Defendant received a report that “There is danger of an accident that may occur on the road” and sent back from the police officer B, etc. of the police box of the Kimpo Police Station C of the Kimpo Police Station called “I am home,” and “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am a police officer;

The police station’s desire to have the Defendant inspected, and the police officer’s legitimate performance of duties on the maintenance of public order was obstructed by walking the above B’s mouth with a scambing and walking the parts of the above B’s mouth, and by putting the head of the said B on one occasion with the hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Each statement of E and F;

1. Application of statutes to field photographs, damaged photographs, copies of work logs;

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

1. The reasons for sentencing under Article 62(1) of the suspended sentence under the Criminal Act include: (a) that the Defendant led to the instant crime; (b) made him/her to commit the instant crime; (c) made him/her reflects his/her mistake; (d) the Defendant did not have any other criminal records other than the past punished by a fine for a violation of the Food Sanitation Act twice; and (e) appears to have occurred by drinking; and (d) taking into account the disadvantageous circumstances, such as the Defendant’s desire for the police officer in uniform and the use of violence; and (e) taking into account various sentencing conditions during the instant pleading process

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