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(영문) 인천지방법원 부천지원 2018.05.31 2018고단403
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 1, 2018, the Defendant was under the influence of alcohol on the rooftop of D Public Notice No. 20:25, Seocheon-si, Seocheon-si, and was under the influence of alcohol by questioning of the circumstances of the instant case, etc. from the police officers belonging to 112, the Seocheon-si Police Station E District, Seocheon-gu, Seoul, Seoul, and called “Yeong-si, Seocheon-si, Dacheon-si,” and assaulted the above F on one occasion by taking advantage of the hand floor, hand, etc.

Accordingly, the defendant interfered with the legitimate execution of public duties concerning the prevention of police officers' crimes and the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. The place where he works in the E District;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

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 suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] interference with the performance of official duties, and there is no basic area (from June to June), [the person subject to special sentencing] [the decision of sentence] unfavorable: Exercise of violence against a police officer who performs legitimate performance of duties by the defendant. The circumstances favorable to the nature of the crime are recognized as erroneous: the fact that there is no record of criminal punishment; the fact that there is no motive and background of the crime; the degree of violence; the circumstances after the crime; etc.; and the various kinds of sentencing conditions shown in the theory of records and changes, such as records and changes, shall be determined as the order.

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