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(영문) 인천지방법원 부천지원 2018.07.05 2017고단2625
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

On August 30, 2017, the Defendant was demanded to leave the above office E, who is in charge of the affairs of the civil petition of the above community service center, when he gets out of the city expenses, such as taking a bath to the persons who visited the above community service center without any justifiable reason at the D community service center located in Kimpo-si, Kimpo-si.

The defendant spits spits the face of E that takes the bath in a large voice to E, and spits the face of E that restrains it once, and spits the right hand of E once with left hand.

As a result, the defendant interfered with the legitimate execution of the civil petition affairs of the public service center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Investigation report (a certificate of a public official of the victim and accompanying video images at the scene of occurrence);

1. 112 Reporting case handling table;

1. Public official certificates;

1. Application of statutes on site photographs;

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, Article 44-2 of the Medical Care and Custody Act [the scope of recommending punishment] [the grounds for sentencing under Article 62-2 of the Criminal Act, Article 44-2 of the Act on the Medical Care and Custody, Etc. [the scope of recommending punishment] no person who has any basic area (from June to January 1) [the person who has any special sentencing] [the decision of sentencing] : The defendant spit the face of the public service center public official and interferes with legitimate execution of his/her duties by taking into account the face of the public service center public official. The defendant's crime is not good, and there are two favorable records that he/she was punished for violating the Punishment of Minor Offenses Act, which are favorable to the fact that he/she was found to have been subject to punishment by committing a crime of violation of the Punishment of Minor Offenses Act. The defendant's health condition, motive and background of the crime, means of the crime, circumstances after the crime, etc. shall be determined as follows.

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