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(영문) 인천지방법원 2018.09.13 2018고단4999
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than two 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 April 12, 2018, at around 01:42, the Defendant: (a) committed an assault against any of the instant police officers at around the parking site of the “Saeung-gu church of Bupyeong-gu, Incheon, 197,” in front of the parking site of the “Saung-gu church of Bupyeong-gu,” the Defendant received a report from the Defendant 112, and received a request from C to state the circumstances leading up to the operation of the police box B of the Samsan Police Station B, which called the Defendant called up, and (b) took a breath of the damage under the influence of alcohol, and assaulted the police officer by force on one occasion by force.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the dispatch of 112 report and the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 of the Suspension of Execution [Scope of Recommendation] : In the case where the degree of interference with the execution of official duties is minor (one month to eight months) in the mitigated area (i.e., assault, intimidation, deceptive scheme, or obstruction of official duties (i.e., a special mitigated person) / [decision of sentence] the crime of interference with the execution of official duties needs to be strictly punished for the crime detrimental to the State’s function by nullifying legitimate exercise of public authority; however, the defendant has no criminal records of the same kind and imprisonment without prison labor or heavier punishment; the fact that the defendant has committed the crime in this case while committing the crime in this case, his mistake is divided into one another; the defendant’s age, sex, environment, motive and means of the crime, consequence, and the circumstances after the crime, etc. are considered as favorable to the defendant. It is so decided as per Disposition by the assent of all kinds of sentencing elements as

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