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(영문) 인천지방법원 부천지원 2018.11.22 2018고단2463
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

1. On September 3, 2018, the Defendant: (a) received a report from “C main points” located in Seocheon-si B on September 3, 2018 to the effect that the Defendant avoided a disturbance and received a report from 112, and was called out by the Defendant; and (b) received a recommendation for returning home from the slope E belonging to the Seocheon-si Police Station D branch of the Seocheon-si Police Station D branch; and (c) “

“Is the names of several years?”;

C. The franchis performed a bath, and assaulted the franchis of the above E, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of 112 reports.

2. On September 3, 2018, around 21:15, the Defendant assaulted the police officer’s lawful execution of duties regarding the prevention and suppression of police officers’ crimes, such as taking away flaps, etc., for a police officer’s flaps, who was arrested as a current offender from the 1st floor toilet of the Yacheon-si Police Station, Yacheon-si, Yacheon-si, Police Station 631, on the same grounds as the above 1st paragraph, and transferred it to the Criminal System of the Yacheon-gu Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Photographs of each damaged part;

1. A copy of each police officer's certificate;

1. Application of Acts and subordinate statutes to a copy of work place;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Scope of the recommended sentences according to the sentencing criteria;

A. First-Class 1 Crimes [Scope of Recommendation] Crimes (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic sphere (from June to one year and six months) / None of the special sentencing factors (a person who is subject to special sentencing)

B. The scope of the final sentence due to the aggravation of the crimes No. 2 [the scope of the recommended punishment] and the basic area of the crimes No. 1 (Interference with and Forced Performance of Official Duties) (6 months to one year and six months) (special sentencing factors): June to February 2.

2. Circumstances unfavorable to a ruling of sentence: The defendant has exercised violence twice against police officers who perform legitimate execution of their duties, and the nature of such crime is not good;

The favorable circumstances: Recognizing mistakes.

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