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(영문) 인천지방법원 2018.01.11 2017고단6981
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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.

(e).

Reasons

Punishment of the crime

On September 4, 2017, at around 01:33, the Defendant’s “D cafeteria” operated in the Southern-gu Incheon Metropolitan Government B, and “the Defendant is not under the influence of alcohol.”

“To the effect that the above C’s 112 report was received and demanded to pay the drinking value and return home from the slope F belonging to the Incheon Southern Police Station E District of the Incheon Southern Police Station, which was dispatched to the site, the Party F, “,” and the Party F, “,” is likely to go to the effect of the judgment. It is limited to the womb, which was sent to the site.

1) While taking a bath with a large scale of glusium, the glusium of the F was boomed twice by drinking the glusium, and the glusium was tightly pushed down by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of F is written in the evidence list of the police statement about F as a slope G's police statement, but it appears to be a clerical error.

1. Application of CCTV Acts and subordinate statutes;

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 Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: Imprisonment with prison labor for four months, establishment of a national legal order in a suspended sentence of one year, and eradication of public peace, it is necessary to strictly punish crimes against public authority, such as interference with such performance of official duties, etc.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant appears to have committed the crime of this case contingently, and there is no significant criminal history exceeding the fine.

There are no criminal records of the same kind, and the age, sex, environment, and crime of the defendant.

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