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(영문) 인천지방법원 2018.07.19 2018고단4190
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 26, 2018, around 03:15, at the Incheon Seo-gu Incheon Seo-gu Police Station C District District, the Defendant was subject to violence from the Defendant on the same day, and the Defendant’s work to D and his work to be accompanied to the District would not be subject to apology, and the Defendant was subject to restraint from police officers E who belong to the said District.

The Defendant, in his hand, threatened the police officer with bather bat, and threatened him with drinking, and went beyond the bridge of the police officer.

Accordingly, the suspect has interfered with the legitimate execution of police officers' duties on the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The reason for the sentencing of Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts [the scope of recommending punishment] There is no person [the person who is subject to special sentencing] in the basic area (six months to one year and six months) (the person who interferes with the performance of official duties) [the decision of sentencing] [the person who is subject to special sentencing] of the defendant due to the same kind of crime or violence, and the crime is committed during the suspension period (the person who was subject to a fine even after re-offending during the suspension period), while being investigated by the police in other cases, it is a time penalty for the reason that the other party does not receive death from the police, and it is not desirable for the injured police officer to take into account the character and conduct of the defendant who is in the exercise of violence even if the police officer did not control it and assault him.

Since the defendant is judged, the term of punishment shall be determined in consideration of the degree of violence by the defendant, the family environment of the defendant, the fact that the defendant is against the defendant, etc.

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