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(영문) 인천지방법원 2017.06.30 2017고단3383
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant around 00:05 on May 3, 2017, at the bus stops in front of the D Emergency Medical Center in the Namdong-gu Incheon Metropolitan City, "the drinking person is enjoying on the road before the Cancer Center.

Demar F, a police officer belonging to the Incheon Southern East Police Station E District Police Station, who was dispatched after receiving a report of 112 of the content of “F,” would incur Nonson.

”라고 묻자 아무런 이유 없이 “ 야 이 씹할 경찰 놈 아 내가 오늘 대한민국 경찰 놈들 귓 방망이 한 대 씩 후려치고 싶다.

‘New,’ continuously from F, “New, what he or she would not have, and what is, his or her will.”

” 라는 말을 듣자 “ 야 이 씹할 놈 아 오늘 너 경찰 놈 귓 방망이 한 대 맞아야 겠다. ”라고 말하면서 위 F의 좌측 얼굴 부위를 오른손으로 1회 때려 폭행하여 경찰공무원의 정당한 112 신고 사건 처리 직무를 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs of victims;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and

2. Whether to suspend the execution [main reasons] - Unfavorable criminal records of the same kind (not more than five years, not more than a period of suspension of the execution, or not less than three times) - positive: distinct social ties clearly, serious reflects, and the detention of the defendant is accompanied by excessive difficulties for the family members.

3. The defendant who was sentenced to a suspended sentence on June 27, 2014, was sentenced to a two-year period of imprisonment for the same criminal records and for whom the period of the suspended sentence expires.

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