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(영문) 인천지방법원 부천지원 2018.11.28 2018고단2616
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 became final and conclusive.

Reasons

Punishment of the crime

On August 25, 2018, the Defendant 00:40 on August 25, 2018, in the C Station located in Pyeongtaek-si B, and “A male who drinkingly taken a pedal plaque to his service personnel.”

“Around the 112 report and sought to start the patrol vehicle in the direction of C to request the Defendant to return home and return to the patrol duty. However, “A” did not start the patrol vehicle by opening a back door of the patrol vehicle and allowing E to get off the patrol vehicle, allowing E to get off the Defendant from the patrol vehicle, but trying to go off the part of E’s chest part twice in his/her hand, and continuing to get off the Defendant at the back seat of the patrol vehicle, and preventing E from getting off the patrol vehicle by continuing to be on board the Defendant.

Accordingly, the Defendant assaulted the police officer E, thereby obstructing the police officer’s legitimate performance of duties concerning police patrol duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to photographs by notifying a department related to the 112 report of the instant case and capturing a video;

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 Criminal Act on the suspension of execution [the scope of recommending punishment] There is no person [the person subject to a special sentencing] in the basic area (from June to one year and six months) (the person subject to a special sentencing] [the decision of sentencing] [the decision of sentencing] the following conditions of sentencing, including the degree of interference with the execution of official duties, the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., shall be comprehensively taken into account, and the sentencing conditions of the sentencing specified in the record shall be determined within the scope of the recommended sentencing guidelines.

- The offense committed by the Defendant against a police officer who was dispatched to his wrong will be very bad.

- However, the defendant shows his attitude to recognize and reflect his fault late.

- Before the transfer of the instant case, approximately nine years.

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