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(영문) 인천지방법원 부천지원 2017.02.16 2017고단57
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 December 29, 2016, at around 03:05 on December 29, 2016, the Defendant explained that he/she was dispatched after receiving a report on domestic violence under 109 dong 905, the residence of the Defendant in Gyeonggi-do Kimpo-si B, and that he/she was dispatched by the police officer E and F after receiving a report on domestic violence, and that he/she would listen to on-site inspection and victim’s statement.

In the notice, the purport was to “I am gymn the outside of our house,” and “I am gymna.”

Therefore, the above police officers should check the contents of the report at the time of domestic violence report, and the defendant expressed that the above police officers have expressed a great voice to the above police officers as "salpers". The defendant threatened the police officers with the face of E on the ground of drinking drinking, and made one time the chest on his left left side.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public safety and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of each statute on photographs;

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

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are inferior to the nature of the crime by assaulting the police officer in uniform. However, considering all the circumstances, such as the fact that the Defendant’s mistake is against himself/herself, and that the victimized police officer wishes to leave the Defendant’s seat.

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