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(영문) 인천지방법원 2019.01.17 2018고단8315
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 04, 2018, the Defendant, at around 01:37, in front of the Seo-gu Incheon Metropolitan City, received a report to the effect that “the drunkly fluor is frighting,” and received a request for returning home from E in the circumstances of the D District belonging to the Incheon Western Police Station D District, which called “I do not sound this frighting frighting frighting. Before the death, I interfere with the police officer’s legitimate performance of duties regarding the prevention, suppression, and investigation of the crime of drinking twice by frighting E face.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and lecture attendance order Article 62-2 of the Criminal Act is limited to the reasons and property type for sentencing, but it is so serious that it is difficult to achieve the preventive effect.

However, if we consider the fact that the crime has not been developed due to physical shock, the side effects of detention in response book, and the necessity of improvement of alcohol dependence by seeking fundamental suppression of recidivism, careful social treatment is appropriate only once.

Punishments of four months shall be determined by imprisonment within the scope of recommended punishment (type 1, mitigation area, up to August), and the execution thereof shall be deferred for one year on condition of probation and taking lectures for the prevention of recidivism.

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