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(영문) 인천지방법원 부천지원 2017.08.11 2017고단1226
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 May 7, 2017, the Defendant demanded a room to verify the identity of the Defendant, who is a police officer (50 years of age, south, and Inspector) who wears a uniform belonging to the D District of the Guri Police Station D, called “E” in the Guri-si B on May 19:37, 201, after having received a report of 112 that fighting occurred, and called, “E’s face and face will will be at the time of drinking.” In other words, the Defendant sent to E, saying, “I am son?” and carried on the right hand hand hand, etc. of E, which goes beyond the floor, and eventually, took five times in the same behavior, and ultimately, asked the Defendant to take one time of assault, such as the right hand hand, etc. of E.

As a result, the defendant assaulted police officers who wear the uniform and interfered with the legitimate execution of E on criminal investigation and prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. 112 Case disposition table;

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

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 a basic area (from June to one year and six months) [Special Sentencing Decision] [Judgment of sentence], unfavorable circumstances: Defendant committed assault against police officers who perform legitimate performance of official duties. The circumstances favorable to the fact that the nature of the crime is not good: recognition of and reflects the crime; the fact that there was no record of punishment for the same crime; records and changes, such as the motive and background of the crime; means of the crime; degree of violence; circumstances after the crime, etc., etc., are considered as a whole, and the punishment is determined as ordered.

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