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(영문) 인천지방법원 부천지원 2017.09.08 2017고단1603
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 July 5, 2017, 02:25, the Defendant was arrested in the act of assault against Defendant E, who was on the front day of Seocheon-si, Seocheon-si, B, and reported by 112 that “sibians and male descendants fluor,” and was called up to the 112 report, and was arrested as Defendant E, who was on duty from Seocheon-gu, Seocheon Police Station C District D’s slope D., the Defendant was in the act of assault.

“Along with sound,” and obstructed E from carrying on the patrol vehicle, the chest of the said slope D was assaulted by breaking it one time by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement of F, G and H;

1. Application of Acts and subordinate statutes to investigation reports ( investigation to confirm mobilephone images);

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

1. Reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [Scope of Recommendation] There is no person who does not have the basic area (from June to June), (i.e., interference with performance of official duties and coercion of duties) [Judgment of sentencing] [Judgment of sentencing] exercising assault against police officers who perform legitimate performance of duties by the defendant. While the nature of the crime is not good, the punishment as ordered is determined by taking into account the following factors: (a) the fact that the defendant recognized and against the crime; (b) the fact that the defendant was the first offender; and (c) the circumstances of the crime and the degree of interference with the performance of official duties.

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