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(영문) 인천지방법원 부천지원 2017.09.15 2017고단1430
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 20, 2017, the Defendant: (a) was under the influence of alcohol in front of the B, 02:36 Gyeonggi-si; (b) was dispatched to the 1112 report and confirmed the details of the report; and (c) was solicited to return home from the B, etc., the B, the 112 report.

The Defendant, on the ground that he did not come to his own talks, committed violence by putting the top door of the patrol car that he tried to start for 10 minutes, and putting the upper body part of the warning car D that prevented him from falling into his own talks in good hands.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers for the prevention of crimes and arrest of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 A list of reported cases;

1. Shot photographs damaged by a police officer in mobilization, or motion pictures and CDs interfering with the suspect's performance of official duties;

1. Application of Acts and subordinate statutes to a copy of work place;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person who has a basic area (from June to January 1) [No person who has been subject to special sentencing] [Decision of sentence]: when a defendant exercises violence against a police officer who has performed his/her legitimate duties. When a circumstance is favorable that the nature of the crime is not good, and the fact that a juvenile protective disposition is considerably high for a crime such as assault and bodily injury, etc., the punishment is determined as ordered by taking account of the motive and circumstance of the crime, degree of violence, circumstances after the crime, the defendant's age, and other various conditions of punishment as stated in the theory of records and changes, such as records and changes.

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