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(영문) 인천지방법원 부천지원 2017.09.01 2017고단1645
공무집행방해
Text

Defendants 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.

Reasons

Punishment of the crime

On June 12, 2017, 02:27, the Defendant: (a) on the road in front of the Seocheon-si B, Seocheon-si, 2017, the Defendant: (b) reported that “I am a fright to the people who walked,” and sent the front window of the patrol car, which was stopped by the police officers assigned to the Seocheon-gu Police Station C District Police Station C, a police officer, etc., who stopped during the dispatch; and (c) D was asked to “I am a fright during the dispatch of the report,” and “I am a bit of bitch fright,” and “I am a fright of bitch fright, fright of a bitch bitch fright,” but received a request from D to “I am a fright to interfere with the progress of the patrol car,” and “I am a son’s chest at the patrol.”

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the prevention of crimes by police officers and the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes concerning the place of work and CCTV images;

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who does not have a basic area [6 months to one year and six months] [Special Sentencing] [Determination of sentence] under the circumstances favorable to the defendant's wrongness, the fact that the police officer's exercise of force against the police officer is relatively minor, and the crime is not good, such as the defendant's abusive behavior and assault against the police officer, the fact that the damaged police officer wants to punish the defendant, the fact that the damaged police officer wants to punish the defendant, and the fact that the defendant has a history of punishment several times, etc., are considered disadvantageously, and the sentence like the Disposition shall be determined by taking into account various sentencing conditions shown in the argument of this case.

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