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(영문) 인천지방법원 2017.09.06 2017고단5445
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 July 4, 2017, around 09:30 on July 4, 2017, the Defendant: (a) filed a report with the head of the Incheon Gyeyang-gu Police Station Diplomatic Police Station, on the content that “the customer gets a fright;” and (b) sought to identify the case against the police officer, a police officer belonging to the Incheon Gyeyang-gu Police Station Diplomatic Police Station, who called the Defendant, in front of the Incheon Gyeyang-gu Incheon, E himself/herself.

22(1)(2), 12(2)(3)(2), 12(3)(2);

Nit made a blaver laver, laver laver laver laver laver, and laver laver laver laver laver laver laver laver laver laver.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a CCTV image closure;

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 on the observation of protection and order to attend lectures;

1. Sentencing criteria: The basic area (six months to one year and six months) that interferes with the performance of public duties;

2. The nature of the crime of this case that interferes with official duties by exercising the force directly to police officers is not good, and the defendant has been punished for the same kind of crime.

Accordingly, the defendant is sentenced to imprisonment.

However, considering the favorable circumstances in which the defendant's mistake is recognized and reflected, the punishment shall be determined as ordered in consideration of the defendant's age, sex, environment, mode of crime, degree of damage, circumstances before and after the crime, etc.

In addition, in order to prevent recidivism, the defendant's protection and observation is ordered and violent therapy is ordered.

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