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(영문) 인천지방법원 2018.08.30 2018고단5182
공무집행방해
Text

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

On April 22, 2018, the Defendant: (a) around 20:55, the Bupyeong-gu Incheon Bupyeong-ro, 21 Northwest-do library, which: (b) “The Defendant protects the State Party,” in front of the 21 Northwest-do library, upon receiving a report from 112 and received the report, to C guards belonging to the Incheon Samsan Police Station B, and Police Officer D.

drb walk

너 네 필요 없어. 씨 발!” 이라고 욕설을 하면서, D의 멱살을 잡아 넘어 뜨리고 손으로 D의 얼굴을 1회 때리고 발로 정강이를 수 회 걷어찼다.

On the other hand, the defendant tried to keep the face of C who tried to restrain the defendant from committing his act, and assaulted the left side of his/her mouth by walking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [see the lowest sentencing criteria in the case of commercial concurrent crimes for not less than six months; hereinafter the same shall apply] of the first type of punishment, 【The decision of sentencing ] 【the decision of sentencing 】 the size of the crime and the criminal intent, the formation of the case and the status of the defendant, and the attitude toward the investigation and the public trial, shall be determined to be sentenced to the punishment for not less than five months, and its execution shall be postponed for one year on the condition of community service for the prevention of recidivism.

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