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(영문) 인천지방법원 2017.04.13 2017고단448
공무집행방해
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2017, at around 15:15, the Defendant, while drunk in the C cafeteria located in Jung-gu Incheon Metropolitan City, and being demanded to return home from E in the circumstances belonging to the D District of the Incheon Jung-gu Police Station D District of the Incheon Jung-gu Police Station, which was called, after receiving a report of 112, assaulted E on the part of E on one occasion with the hand floor, and assaulted E on the part of E on one occasion the victim’s left her hand in front of the D son.

Accordingly, the defendant assaulted E and interfered with the legitimate execution of duties of police officers concerning the prevention of crimes and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order [Determination of Type] 1 (Interference with the performance of official duties and coercion of duties) [Special Sentencing : In the event that the degree of violence, intimidation, deceptive scheme, or interference with official duties is insignificant, [the scope of the recommended sentence] applicable in January - August 8] applicable in the mitigated area [the scope of the punishment]: Article 136(1) of the Criminal Code: 1 to 5 years [the scope of suspended sentence] under Article 136(1) of the Criminal Code: there is no positive reflection, suspension of execution or heavier punishment [decision of sentence] The crime of this case is likely to interfere with the exercise of public authority by assaulting a police officer performing official duties, which is inferior to the quality of the crime, it is necessary to strictly punish the defendant on one occasion because the defendant has committed the crime of this case, and there is no motive, motive, and circumstance favorable to the defendant, as a result of the crime of this case.

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