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(영문) 인천지방법원 부천지원 2018.02.09 2017고단3132
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 11, 2017, at around 18:56, the Defendant: (a) received a report from “C” in front of “C” in Kimpo-si B; and (b) obstructed the movement of the patrol; (c) assaulted E by blocking the movement of the patrol vehicle, (d) putting him/her away from the slope E belonging to the Kimpo-si Police Station D Police Station, who was called “A” and was urged by the Defendant to return home from the slope E of the police box belonging to the Kimpo-si Police Station: (a) “bre the snick; (b) interfered with the traffic of the patrol vehicle; (b) forced the patrol vehicle to stop the front of the patrol vehicle; and (c) putting him/her out with the wheels of the patrol vehicle; and (d) interfered with the movement of E.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and patrol by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a notification of 112 Incident;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to a special sentencing] in the basic area (from June to June) [the person subject to a special sentencing] [the sentence] of the instant crime is committed under the circumstances unfavorable to the Defendant, such as assaulting a police officer in the course of performing official duties, blocking patrol cars, etc., the nature of the instant crime is not good, and there is a power of having been punished twice or twice due to the crime related to violence, each of the circumstances favorable to the Defendant’s wrongness, the degree of damage to police officers, etc., as well as other factors favorable to the fact that the degree of damage to police officers is relatively minor, etc., shall be determined in the same sentence as the order.

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