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(영문) 인천지방법원 2017.02.03 2016고단8613
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2016, around 00:30 on December 3, 2016, the Defendant requested a slope D belonging to the Incheon Samsan Police Station C, which controlled drinking in front of the 623 Busan Seo-gu, Incheon, Busan, to catch a taxi, but refused to do so.

"Abreging with a bath and breathing of the above D, flapsing off the left shoulder part of D with his hand, and assaulting the face part of D as his head.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on respective police statements made to D;

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

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendations] : (a) there is no person who does not have a criminal history of imprisonment without prison labor or heavier punishment for the defendant; (b) there is no basic area (six months to one year and six months) (the person who interferes with the performance of official duties) ; (c) (d) the defendant has no criminal history of imprisonment without prison labor or heavier punishment; and (d) the defendant's age, sex, sex, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., shall be comprehensively considered to determine the sentence as ordered.

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