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(영문) 인천지방법원 2017.05.11 2017고단1546
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 February 13, 2017, at around 18:39, the Defendant received a report from 112 who was placed in front of the fire middle school located in 27-gil-dong, Gangseo-gu, Gangseo-gu, Seoul at around 18:39, that he did not pay a taxi fee, and received a request for returning home from C during the circumstances belonging to the Seoul Gangseo Police Station B, Gangseo-gu, Seoul who was called up to, and received a request for returning home from C, “less wrap, sweet, sweet, and

Does we see this new blusor, "Ch's breasts were sold once by the blusor, and C was used by the blusor, with the blus, three times the breasts of C.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of victims of D;

1. Application of the Acts and subordinate statutes to report on investigation (a photograph of crime and attachment of motion pictures);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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 one year and six months) (the person subject to special sentencing) of Article 62(1) of the Act on the Suspension of Execution of Public Duties (the grounds for sentencing), and there is no person subject to special sentencing] (the decision subject to sentencing] (the decision subject to special sentencing), four months in imprisonment, and one year in suspension of execution, and the defendant's mistake

It is a contingent crime.

However, the defendant has already been sentenced to two times of fine, and all of them have been subject to violence.

In this regard, imprisonment is selected.

In addition, the punishment lower than the lower limit of the recommended punishment set in the sentencing guidelines shall be set in consideration of the degree of assault committed by the defendant, age, sex, family relationship, property status, etc., and the execution thereof shall be postponed only once.

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