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인천지방법원 2017.06.22 2017고단3625
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five 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 13, 2017, at around 00:35, the Defendant received a report from the victim B (the 46th) who is the police officer belonging to the Namdong Police Station of Incheon Nam-dong Police Station and called out after receiving a report No. 112 prior to the exit of the Nam-gu Incheon Metropolitan City, 205, Chungcheongnam-gu, 1, 205, and received a request for returning home from the victim B (the 46th) who is the police officer belonging to the Namdong Police Station of Incheon, and the Defendant stated that the victim's body would be sealed by hand, and that the victim's body was sealed by hand, and that the knick knick knite

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the 112 reporting processing duties, and at the same time, the Defendant placed the right hand check to the right hand, which requires treatment between about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to report on investigation (Submission of a medical certificate for a victim and addition of injury);

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. 【The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act 【the scope of recommended punishment】 The basic area [6 years - 1 year and 4 months] - In the event of injury: In the event of injury, 【the Decision of Sentence】, the fact that any crime was not committed for the last eight years prior to the occurrence of the case, the method of exercising tangible power, the serious reflectivity, etc., the treatment within society is deemed appropriate only once.

A person who is lower than the lower limit of the recommended punishment shall be sentenced to five months, and the execution thereof shall be suspended for a period of one year on condition of community service for the prevention of recidivism.