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(영문) 인천지방법원 2018.02.07 2017고단7629
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2017, at around 21:47, the Defendant took alcohol in front of “D” located in Seo-gu Incheon Metropolitan City, Seo-gu, Seo-gu, without any reason, when the Defendant was at the top of the left-hand face of E in the process of reporting 112.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers related to 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 ( normal consideration considered as follows):

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommending sentence] : (a) the basic area (from June to one year and six months) of Class 1 (Interference with and Compelling of the performance of official duties) [decision of sentence] / The sentencing conditions specified in the trial process of this case, such as the Defendant’s age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered within the scope of the recommended sentence.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

In the act of the defendant, the police officer did not injure the defendant.

D. Unfavorable circumstances: the Defendant was punished for the same kind of crime, but the instant crime was committed again, and thus, is highly likely to repeat the crime.

It is necessary to severely punish police officers in order to enhance national confidence in the conduct of public duties.

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