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(영문) 인천지방법원 2017.09.08 2017고단4623
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 17, 2017, at around 06:16 on April 17, 2017, the Defendant: (a) conducted an investigation on the larceny case in the Bupyeong-gu Incheon Bupyeong-gu, Incheon Central District Police Station EvisF, who was dispatched to the site after receiving a report of 112 on the larceny case in the above scamba; and (b) conducted an investigation on those who were in the above scamba, F and other police officers; (c) whether the Defendant is police officer; (d) whether it is a police officer;

I expressed a desire to “sick.”

Defendant 1: (a) although the above police officers demanded the Defendant to refrain from committing a fluorous speech and behavior while confirming the Defendant’s suspicion of insult, the Defendant continued to do so as to keep f and put f into her hand; and (b) F “I am off,” and “I am back. I am well flick.”

Dr. Dr. D. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H. H.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police with respect to F (Interference with the execution of public duties);

1. Each police statement made with respect to G and H;

1. Investigation reports (Attachment of motion pictures and videos taken by police officers dispatched to the scene);

1. Application of the Acts and subordinate statutes on closure photographs;

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 the recommended punishment according to the sentencing guidelines [the type of determination] interference with the performance of public duties, and interference with the performance of public duties, the scope of the recommended punishment [the scope of the recommended punishment] basic area [the scope of the recommended punishment] [the scope of the recommended punishment] from six months to one year and six months [the general sentencing person] mitigation element: No record of criminal punishment;

2. Whether to suspend the execution (major reasons) - positive: None of the past record of criminal punishment (general reasons) - positive: Serious reflection, absence of criminal records of suspended execution or heavier punishment;

3. Determination of sentence;

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