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(영문) 인천지방법원 2018.12.06 2018고단7417
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2018, the Defendant: (a) demanded that the police officer D belonging to the Seocheon-gu Police Station C District Station C of the Seocheon-gu Police Station called the Defendant to leave the vehicle when he was parked at the front 257 of the 43 BJ in Busan, Busan, which was in need of 43 times in the transmission details; (b) on September 5, 2018, the Defendant was under the stop of the 112 report; (c) the Defendant’s hand and left hand, sent the Defendant six times to the face of the said police officer; and (d) continuously boomed the chest outside of the dynamic, and was under the police uniform while taking a bath.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Details of recording by 112 reporters;

1. Application of the preceding D related Acts and subordinate statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The reason for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of the recommended sentence] The mitigated area of Category 1 (Obstruction of Performance of Official Duties and Compelling Performance of Duties) [1-8 months] [Special mitigated Persons] When the degree of violence, intimidation, deceptive scheme, or obstruction of official duties is minor, the defendant's decision of sentencing] is taken into account the circumstance leading to the crime of this case due to mental symptoms, taking into account the circumstance leading up to the crime of this case due to mental symptoms, the execution of the sentence shall be suspended in consideration of minor means interfering with the execution of official duties, the fact that the defendant is against the defendant and is the first offender, and the protection and observation shall be added in consideration of

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