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(영문) 인천지방법원 2018.11.29 2018고단6027
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 July 27, 2018, the Defendant: (a) was under the influence of alcohol at the front of the C Hospital located in Incheon, at around 03:00, obstructed the access of the first-aid vehicle to the vehicle; and (b) was requested by the police officer to return home from the E officer belonging to the police box of the Incheon Michuhol-gu Police Station D (U.S.) who was dispatched after being reported by 112; and (c) who was requested by the police officer to return home from the police officer, the Defendant: (a) stated that the Defendant: (b) stated that the Defendant was: (c) “Ssing shots, vara, kin

111 131

C. He/she takes a bath, such as C. C. He/she takes a bath, and she took a hand to check F's body and stop it.

E Violenced police officers such as flabing a flab, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F, E, and G;

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

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of recommendation] and the basic area (from June to January to June) (the person subject to special sentencing) of Article 62(1) of the Act on the Suspension of Execution (the grounds for sentencing), there is no person subject to a suspended sentence [the person subject to a suspended sentence] [the person subject to a suspended sentence] [the person subject to a suspended sentence] six months], and the person subject to a suspended sentence of one year must be punished for the establishment of legal order

The defendant has several criminal records such as violence, business obstruction, insult, etc., and has four times since 2013, and it is necessary to improve the awareness of the crime and prevent recidivism.

However, the sentence shall be determined as ordered and the execution thereof shall be suspended, considering the fact that the defendant has recognized and reflected his/her mistake, contingent crimes, and all other conditions of sentencing, such as the age, sex, family relationship, property status, etc. of the defendant.

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