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(영문) 인천지방법원 2017.07.06 2017고단3056
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 7, 2017, at around 01:40, the Defendant 1’s walked with another male on the 1st floor of the Namdong-gu Incheon Metropolitan City B building. “The Defendant 112 reported and sent to the same place, and the police officer affiliated with the Incheon Southern Police Station C and the E District Police Station, Incheon, took a bath to “G police officers to stop the Defendant’s personal injury,” and expressed her desire to arrest the offender as the current offender of the offense of insult on the ground that she tried to arrest the offender for her own hand, her fingers and other her fingers were cut down once, and her fingers and other her fingers were taken off several times, and the Defendant she sawd the above F’s left bridge to walk up two times, and made an assault and her face on one drinking, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【the scope of recommended punishment】 The basic area [6 months - 1 year and 4 months] - The person who has suffered special aggravation (reduction) - Where there are many public officials who have suffered damage, / Where the degree of violence is minor, / 【the decision of sentencing / the decision of sentencing / the initial offender is considered in the nature of the crime and sentencing elements, it is desirable to treat them within society only once, rather than detention and isolation.

shall be deemed to have been.

In order to determine the amount of imprisonment for not more than six months within the scope of the recommended punishment, and to prevent recidivism and to improve character and conduct, the execution of a sentence shall be suspended for a period of not more than one year.

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