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(영문) 인천지방법원 2017.11.23 2017고단6945
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2, 2017, around 06:05, the Defendant: (a) committed assault against the knee of the said D, on one occasion, when the sknee D belonging to the Incheon Southern-dong Police Station C Zone, which was called out after receiving a report on the febing of the feasia in front of the building B, 1901, the Defendant feascing the fee under the influence of alcohol in front of the building B, Nam-gu, Incheon.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: The crime of this case committed by the defendant for six months in imprisonment or one year in suspended sentence shall be committed by assaulting a police officer dispatched by the defendant after receiving a report that the defendant accompanied his/her failure, and such crime shall not be punishable by the nature of such crime;

However, in full view of various circumstances, such as the defendant's confession of the crime of this case and reflects his mistake in depth, the defendant appears to have committed the crime of this case by contingently to the drinking town, and the defendant's age, sex, environment, motive, means and consequence of the crime of this case, etc., and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, etc., within the scope of the sentencing guidelines, the punishment as ordered within the scope of

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