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(영문) 인천지방법원 2018.06.28 2018고단3730
공무집행방해
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A defendant shall be punished by imprisonment for not less than five 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

The Defendant, on May 3, 2018, 22:00, e.g., e., f., f., e., f., f., f., of the Incheon Southern Police Station B, which was dispatched upon receipt of the Defendant’s report 112 at around 134-7, Nam-gu, Incheon Metropolitan City, pursuant to the Defendant’s report.

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Recognizing “A”, assaulting C’s chests in both hands, booming C’s chests and taking his hair face.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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. 【The reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act 【the scope of recommended punishment】 The mitigated area [Article 62-2] Suspension of the Performance of Official Duties (Type 1] - Special (Special (Special) mitigated person: In a case where the degree of assault is minor, 【The Decision of the Sentence 【The Decision of the Punishment of Sentence 】 the degree of mitigation, the suppression of recidivism, and the support relationship hedging, it is appropriate to treat the person in a careful society rather than detention in the response

The punishment of five-month imprisonment shall be determined within the scope of the recommended punishment in consideration of the beginning of the case, the holding of violent inclinations, etc., and the execution thereof shall be suspended for a period of one year on condition that community service for improvement of sexual behavior is provided.

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