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(영문) 인천지방법원 2017.09.06 2017고단4024
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 May 21, 2017, at around 21:50, the Defendant, “C convenience store” located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu B, was asked to ask questions about the circumstances of the instant case from the circumstances E belonging to the Incheon Samsan Police Station D District, which had been dispatched after receiving an employee’s 112 report from the above convenience store.

Under the influence of alcohol, the Defendant expressed the above E a bath to “I blick blick blick” without any reason, and obstructed the legitimate execution of duties concerning the handling of report 112 by blicking the chest part of the above E once by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended punishment: Where the degree of violence is minor in the mitigated area (a person with special mitigation) that is reduced (a person with special mitigation) by one month to eight months (a determination of type) that interferes with the performance of public duties;

2. In light of the fact that the Defendant’s decision on sentence was under the influence of alcohol that the contents of the crime are not good, and that the Defendant did not receive a letter from the victimized police officer up to now, and that the Defendant has a record of violence or traffic-related crimes, the Defendant’s responsibility is not minor;

However, it is relatively minor that the defendant's tangible power is relatively minor, that there is no same power as the defendant, and that the previous power has been relatively old, and that the defendant currently repents his wrong, and is hospitalized in a mental hospital and is under the treatment of alcohol dependence by receiving the treatment for the symptoms of alcohol dependence. In addition, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and 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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