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(영문) 인천지방법원 2017.12.13 2017고단7638
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 September 13, 2017, around 03:30 on September 13, 2017, the Defendant lost the wall on the street in front of the Incheon Southern-gu, Incheon, by reporting to 112, and stated the fact of damage to the slope E belonging to the Seoul Southern Police Station D District Unit of the Incheon Southern Police Station, for the reason that E did not comply with the Defendant’s request to inform him of the taxi number aboard, “this son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son E, who was arrested as a flagrant offender of interference with the performance of official duties and boarded E face on the floor of the Defendant, while boarding the patrol and moving to the D district.

D The face of F in the face of the earth was assaulted by walking across several times.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the G’s written Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Sentencing Criteria (the final sentence scope due to the aggravation of multiple offenses): June to February 2, and March 1: The basic area (from June to January 1), the basic area (from June to June) of the interference with the execution of official duties, and the basic area (the interference with the performance of official duties) - The basic area (the interference with the performance of official duties and the coercion of duties) of the basic area (from June to June) of the interference with the performance of official duties;

2. In light of the circumstances of the instant crime and the degree of assault, the nature of the instant crime, which obstructed police officers’ performance of their duties, is hot, and the Defendant was punished for the same kind of crime.

Therefore, the defendant is sentenced to imprisonment.

However, the defendant recognizes the crime.

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