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(영문) 인천지방법원 부천지원 2018.10.17 2018고단2107
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 June 10, 2018, the Defendant: (a) confirmed that the police officer D, a police officer of the Seo-won Police Station C District Police Station, dispatched to the Defendant, after receiving a report that the drinking driver had a traffic accident corresponding to the Oralatob on the roads B B in Seocheon-si on June 10, 2018, and confirmed that the drinking driver had a drinking alcohol to E, and attempted to measure the drinking alcohol upon receiving the E’s driver’s license.

has been required to do so.

The phrase “D” prevents drinking while measuring alcohol, and the above D took a drinking test against E, arrested him as an offender in the act of driving alcohol, and takes the fluor of D’s fluor who tried to take the fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor’s fluor, and

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers dealing with 112 reported cases without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the criminal place, damaged photographs, badician photographs, and CD-related 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no person [the person subject to special sentencing] in the basic area (six months to one year and six months) of Class 1 (Interference with the performance of official duties and coercion of duties) [the decision of sentencing] [the decision of sentencing] and the conditions of sentencing indicated in the record, including the following circumstances and the defendant's age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, circumstances after the crime, etc., the sentence identical to the order shall be determined within the scope of recommended punishment according to the sentencing guidelines.

- The Defendant is serving in uniform and is engaged in the occupation to instruct persons who spawn their happiness at night while working.

At the same time, the police officers who wear their uniform interfered with the performance of official duties to a considerable extent.

Criminal quality is very bad.

- Many criminal records, such as drinking driving.

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