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(영문) 인천지방법원 2018.08.22 2018고단4480
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 15, 2018, at around 21:55, the Defendant was in the vicinity of the Dong Rock 3-4 Station in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and was reported by 112 to the effect that the Defendant was faced with a riot, and was in the vicinity of the Dong Rock 3-4 Station, the Defendant was under the control of the Defendant’s attempt to get a steel from C District D, Gyeong-gu Party E, and under the influence of alcohol, the Defendant was under the influence of alcohol.

C. He expressed his desire to read “Swelth,” and assaulted a coffee that he cited in his hand on D’s face, and boomed a drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (six months to one year and six months) of the sentencing criteria [the scope of the recommended punishment] that interferes with the performance of public duties; and

2. The Defendant’s decision on the sentence was directly extracted from his own machine that the form of the act was dangerous, such as throwing crypate to police officers and assaulting him.

However, the defendant seems to have committed an contingent crime and has been 77 years old.

In addition to the punishment of a fine for a different kind of crime, the accused has no previous convictions.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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