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(영문) 인천지방법원 2017.11.23 2017고단6814
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 11, 2017, around 19:25, the Defendant “D” in front of “D” located in the Southern-gu Incheon Metropolitan City, Nam-gu C, the Defendant was urged from 112, to return home from the police officer F, and patrolmen belonging to the Incheon Southern Police Station E District of the Incheon Southern Police Station, who was dispatched after receiving a report, to return home.

N. N. N. police, N.W.

“In doing so, assaulted twice the f’s chest part of the f’s chest by drinking the f, while taking a bath.”

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

Summary of Evidence

1. Statement by the defendant in court;

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

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

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 ( favorable circumstances among the reasons for sentencing) of the suspended sentence is [the scope of the recommendation] that there is no person [the person subject to special sentencing] in the basic area (from June to January 1) of the Article 62(1) of the Criminal Act (the grounds for sentencing) [the decision of sentencing] [the person subject to special sentencing] [the six months] imprisonment, the person subject to the suspended sentence is in need of strict punishment for the establishment of legal order and the protection of public authority (the last period is the year of 2007), and there is a criminal subject to violence, including the same criminal record (the last period is the year of the fine). The most favorable normal court recognizes and reflects his mistake. A certain amount of money was deposited for the victimized police officer. The defendant's age, sex, family relations, property status, etc. must be determined in consideration of the two kinds of sentencing conditions, and the execution of the sentence should be suspended as per the order.

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