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(영문) 인천지방법원 부천지원 2018.06.21 2018고단946
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 1, 2018, the Defendant: (a) boarded C taxi operated by B around 01:25, and arrived in front of the vice-si D, Seocheon-si; (b) but under the influence of alcohol, reported to B around 112.

Defendant 1, upon receipt of the above 112 report, was sent by the E District Assistant F for the Seocheon Police Station Ethical Police Station:

Along with the words of "Ig-day", I expressed my desire to see "Ig-day and Ig-day to see," and continue to hear the above F's request that "Ig-day and Ig-day" from the above F "Ig-day, Ig-day, Ig-am for the left part of F due to Ag-man's drinking."

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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 no basic area (from June to one year and six months) [Special Sentencing Decision] [Judgment of sentence]: when a defendant exercises violence against a police officer who performs legitimate execution of his/her duties; circumstances favorable to the nature of the crime are recognized and contradictory to that of the crime; the fact that there is no record of punishment for the same crime; the motive and background of the crime; the degree of interference with the performance of his/her duties and the circumstances after the crime; etc.; and the records and changes of the punishment mentioned in the theory of records and changes, etc. shall be determined as per the disposition.

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