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(영문) 인천지방법원 2017.10.19 2017고단6335
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 July 9, 2017, at around 01:05, the Defendant voluntarily accompanied the Defendant’s wife D, etc. due to the assault at the Incheon Gyeyang-gu Incheon Gyeyang Police Station C police box, which was located in Gyeyang-gu, Incheon, by the assault, and became a dispute with D due to the problem of returning home, and the police officer, who was the police officer belonging to the police box, restrains the Defendant, and boomed the Defendant’s chest by hand, and boomed E’s chest by hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the protection of the lives and bodies of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order / 【The scope of recommendations / The basic area [6 months - 1 year and 4 months ] the sentence of imprisonment within the scope of the recommended sentence / the sentence of six months shall be determined, and the execution of the sentence shall be suspended for a period of one year on the condition that the protection and observation for the prevention of recidivism and the community service work are performed.

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