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(영문) 인천지방법원 2018.05.15 2018고단2818
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2018, at around 09:25, the Defendant, while under the influence of alcohol in the Jung-gu Incheon Metropolitan City C District, did not search for the entrance and walking the door open to the door, who was on duty in the next district zone, used the entrance to enter the said district zone while opening the entrance, and used it to guide the Defendant to enter the said district zone, and used it as drinking, and used it to put the clothes of D in drinking.

Accordingly, the defendant interfered with legitimate performance of duties by police officers on waiting duty in a police station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes governing readers;

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 Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Suspension of Execution (the scope of recommendations) is that there is no person [special sentencing person] in the basic area (from June to January 1) (the special sentencing person] (the decision of sentencing is sentenced] (the decision of sentencing is six months), six months in the suspension of execution of public duties, and one year in the suspension of execution of public duties: A person who interferes with the performance of public duties needs to be punished to establish public authority and legal order.

The accused has been sentenced to three times of imprisonment and four times of fine.

The favorable circumstances: The mistake is recognized.

It is a contingent crime.

The most of them raises children.

There is no previous violence crime.

The sentence shall be determined as ordered in consideration of the following conditions, such as the defendant's age, sex, family relationship, and property status, and the execution thereof shall be suspended only once.

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