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(영문) 인천지방법원 2018.12.21 2018고단7933
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 October 18, 2018, around 23:35, the Defendant requested police officers to return home after paying the taxi fee, while waiting for the taxi fee problem within the 104th floor of the main office of the Incheon Bupyeong-gu Military Police Station and the 1st floor of the Incheon Busan Military Police Station, and the Defendant requested police officers to return home after paying the taxi fee.

CCTV afforestation damage, 112 report.

The Criminal Service of the Incheon Busan Police Station, which was on duty while getting out of the disturbance, and the slope E, of the D, used violence at one time at the right hand of the above E with the multi-family hand hand, when requesting the return home.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police for E (Interference with the execution of public duties);

1. Application of Acts and subordinate statutes to report internal investigation (including field conditions, and attaching CCTV image data);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and

2. Whether or not to suspend the execution (general circumstances): - There is no serious reflection, or no criminal record of a suspended sentence or heavier.

3. The Defendant’s criminal act of sentencing is sobriated that, under the influence of alcohol, he/she went to a police station as a matter of payment of taxi charges, so that he/she can avoid disturbance, who is requested to return home from a police officer, and interferes with the police officer’s duties by taking advantage of his/her hand with his/her son’s block, and the nature of the crime is very poor in light of the process and form of the crime in which the police officer directly prices

The defendant, under the influence of alcohol, is divingd in a police station or 119 emergency medical service crew members on several occasions.

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