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(영문) 인천지방법원 부천지원 2018.04.27 2018고단618
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2018, at around 22:45, the Defendant reported the 112 report that “A taxi guest will not get off without paying a fee,” and used the Defendant as a defect that D’s circumstances belonging to the Seocheon-si Police Station CJ wanting to get the Defendant to get off the taxi, and as a result, assaulted D’s parts of the said D’s buckbucks on one occasion.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to public officials' evidence, work log in C District, and photographs of damaged victim;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the suspended sentence (the grounds for sentencing) is [the scope of recommendation] that interferes with the performance of official duties, and the basic area (from June to January 1) of the Article 62(1) of the Criminal Act (the decision of sentencing) / [the decision of sentencing] is against the defendant's wrong, there is no record of punishment exceeding the previous fine; the circumstances of the crime in this case and the degree of interference with official duties; the circumstances after the crime in this case; the defendant's age, sex behavior, family relationship, economic circumstances, etc.; and the sentence as set forth in the Disposition above.

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