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(영문) 인천지방법원 2016.08.04 2016고단3699
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 June 13, 2016, at the 36-friendly coast wharf in Jung-gu Incheon, Jung-gu, Incheon, the Defendant re-enters the sea again on the ground that: (a) at the 36-friendly coast plaza in Jung-gu, Incheon; (b) at the 36-friendly coast plaza in front of the above plaza, the Defendant was carrying her friendship B and drinking, and (c) upon receipt of a report from the members of the autonomous crime prevention police station C police box belonging to the Incheon Jung-gu, Incheon who patroled at this place, and that it is dangerous for the Defendant to take her drinking at night; and (c) on the ground that the police officer was at night at night, the Defendant re-entered the sea to the above E, on the ground that the Defendant “

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In the case of "Dangerous E", the police officer's legitimate execution of duties related to the on-site dispatch duties was obstructed by assaulting the above E's clothes at one time by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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 Criminal Act of the community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. Although it is necessary to punish a police officer who performed a decision-making on a sentence of punishment with regard to his/her exercise of force, the fact that the defendant recognized his/her mistake and reflects his/her mistake, and that there is no record of punishment exceeding the punishment history or fine due to the same kind of crime, etc., shall be considered as favorable circumstances. In addition, the records of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, and all the sentencing conditions specified in the theory of the change shall

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