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(영문) 인천지방법원 2018.01.12 2017고단7739
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2017, at around 00:50 on July 22, 2017, the Defendant was in Dong-gu Incheon Metropolitan City, and was working as a base for the prevention of crime on D-way, the background F of the Incheon Central Police Station E District, and patrolmen “on the patrol vehicle.”

It is time for F to go with the time of "," and it is time for F to check that the report is frequently made at this place.

After the answer, the defendant was urged to return home to the defendant, but the defendant does not seem to be a bad, or a scar in the police.

The term "" refers to the police officers who received another 112 reports, and tried to dispatch the police officers to the patrol vehicle by stopping them from the patrol vehicle, and assaulted the f's chest by using the knife with the knife on several occasions.

Accordingly, the defendant assaulted police officers F, thereby obstructing police officers from performing their legitimate duties in relation to police officers' crime prevention duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Application of statutes to the police statement protocol with H;

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 of the community service order;

1. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] : The scope of the recommended punishment [the scope of the recommended punishment] that interferes with the performance of public duties (the interference with the performance of public duties and the coercion of duties] - Where the degree of interference with the performance of public duties is insignificant: the mitigation area [the scope of the recommended punishment] - one month to eight months;

2. Whether to suspend the execution (major reasons): - positive cases where the degree of violence, intimidation, deceptive scheme, or interference with official duties is insignificant (general reasons) - positive: Serious reflection;

3. The defendant who made a decision on a sentence of punishment, fling a trial expense to a police officer who is engaged in patrol to prevent a crime under the influence of alcohol, and conducting the patrol.

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