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(영문) 인천지방법원 2017.08.10 2017고단4453
공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2017, the Defendant: (a) was in front of the Da Building on the road in Bupyeong-si, Busan; (b) was in front of the Da Building; (c) was in front of the 112 report on the Defendant’s act of assault; and (d) was on board the patrol vehicle on which the circumstances of the Dabu Police Station affiliated to the Seocheon-gu Seoul Special Metropolitan City Police Station E, which was called out after receiving 112

In light of the circumstances, E opened the door of the patrol car and carried the 112 police officer’s legitimate performance of duties on the handling of the report case, E opened the door of the patrol car, and boomed the brue E’s breast part of the brue, and continued to brue it, and tried to arrest the Defendant on the charge of interfering with the performance of official duties, on the ground that the brue F belonging to the said brue was trying to arrest the Defendant on the charge of interfering with the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court (the date of second public trial shall be the date);

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following grounds for sentencing);

1. 【The grounds for sentencing under Article 62-2 of the Criminal Act 【the scope of the recommended punishment】 The basic area [6 months - 1 year and 4 months] - When there are many public officials who have suffered damage: In the event that there are many public officials who have suffered damage, it is desirable to treat them within society only once, rather than detention and isolation, in full view of the nature of the crime, the situation of the accused at the time of the crime, the record of good crime, etc.

shall be deemed to have been.

The execution shall be deferred for a period of one year on the condition that an order to attend a course for the prevention of recidivism is determined for four months or more of imprisonment with labor lower than the lower limit of the recommended punishment.

Rejection of Public Prosecution

1. The summary of the facts charged is that the Defendant is the Defendant in the instant restaurant operated by the Victim G (W, 42 years old) located on the first floor of the building in Bupyeong-si, Busan (W, 42 years old) around May 7, 2017, and the victim is the Defendant.

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