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(영문) 인천지방법원 2018.01.25 2017고단8968
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 November 16, 2017, at around 21:29, the Defendant found with C while drinking at the office of the Criminal Department of the Incheon Southern Police Station located in 668, and consulted on the assault case at the office of the department of criminal affairs at the Namdong Police Station located in the Namdong-gu, Incheon, Incheon, Incheon, and sought subsequent advice from D, the police station affiliated with the police station, recommended him/her to return home after receiving a letter of complaint and providing guidance on the hospital for treatment of alcohol addiction, and asked him/her to leave the entrance, and the police station affiliated with E to which he/she belongs, expressed his/her desire to read “T head ki, saw him/her dead,” and assaulted D’s left face one time as drinking.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of order, such as on duty in the library.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

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 grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures shall be 【The scope of recommended punishment】 The basic area [ June - one year and six months] 【The Decision of the Sentence 【The Decision of the Punishment of the Sentence 】 The treatment shall be rendered within society in consideration of the serious reflective nature, the background of visiting the place of the case, minor military records, support relations, etc.

Punishment of six months shall be determined within the scope of the recommended punishment, and the execution of punishment shall be suspended for a period of one year on condition that community service and lecture for the improvement of sex.

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