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(영문) 인천지방법원 2018.07.26 2018고단4258
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 31, 2018, the Defendant: (a) around 21:19, at a children’s park located in 360, Namnam-gu, Incheon, Seonam-gu, Incheon; and (b) at the children’s park, the Defendant fluencing the drunk.

“On receipt of a report 112, “A” requested a police officer belonging to the Incheon Southern Police Station B District to return home to C, and C was on board the patrol car operated by C.

On May 31, 2018, around 21:40, the Defendant expressed C’s desire to “I h. of dog that is not a woman,” and set off at the patrol car in front of the No. 192, Nam-gu, Incheon, Nam-gu, Incheon, to “I h. of dog that is not a woman.”

In this regard, C assaulted the Defendant at the above location, she sought to set off the Defendant without any justifiable reason, and she pushed down C’s chest part by hand, and continuously sold C’s left part by priceing.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to photographs of victims;

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 (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: The crime of this case committed by the defendant for six months in prison and one year in suspended sentence is committed by assaulting a police officer and obstructing the performance of official duties, and the nature of the crime is not good. However, the confession of the crime of this case is made by the defendant, and the defendant reflects his mistake in depth, and the defendant seems to have come to go to the crime of this case by contingency at the alcohol shed, and the degree of assault is significant.

It is difficult to see, ..

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