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(영문) 인천지방법원 2019.07.04 2019고단986
공무집행방해
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 22, 2019, at the defendant's house located in Yeonsu-gu Incheon Metropolitan City B apartment C on January 22, 2019, the defendant was sealed by the defendant in his arms and body in order to prevent the defects that E was dispatched from moving the defendant's wife F and his/her wife (16 months) to a female shelter and attempted to move the defendant's wife to a female shelter, and the police officer used to arrest the defendant as a flagrant offender, and assault the victim's shoulder and body parts by pushing the victim's shoulder and body parts and walking the victim's right direction one time with a sticking door.

In this respect, the defendant interfered with the police officer's 112 declaration process and legitimate execution of official duties on arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements of E and F;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Penalty fine of 2,00,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day converted);

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence (hereinafter referred to as “the reason for sentencing”) is not sufficient to constitute a crime by assaulting a police officer called out after receiving a 112 report.

However, the defendant's mistake is recognized and is against the defendant.The police officer called to the defendant's house upon the report of domestic violence takes his wife and son to "mort shelter for women" and tried to take them into action, and it is necessary to view it differently from other cases arising from the attitude to sacrife public authority.

12 At the time of the report, the defendant did not actually assault the wife.

It did not focus on the degree of violence against police officers and agreed with the victim police officers.

The Defendant is an initial offender who had no criminal record prior to the instant case.

3.2

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