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(영문) 인천지방법원 2018.09.13 2018고단5009
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 2, 2018, the Defendant, at the front of the Incheon Michuhol-gu Incheon Metropolitan Michuhol Police Station D police station's police box on July 21, 2018, asked the above police box to return home from the slope E belonging to the above police box that does not get off from the taxi, and the Defendant, by hand, assaulted the above E's nose, who opened the above patrol box by cutting off the hand with the hand, and cut down the F of the police box belonging to the same police box at one time after having pushed down the left gun and stoping it on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, E, and G;

1. A statement prepared by H;

1. Application of each statute on photographs;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Articles 136 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The punishment of the instant crime is not exceptionally against the police officers who wear a uniform before the police box where the crime of this case was committed by exercising violence.

However, the defendant was aware that he was committing a crime, who was investigated by the police and responded to the police, and the police police officer was punished by the death of the victim police officer by finding the police box.

A sentence shall be determined as ordered in full view of the following circumstances: (a) the statement is made; (b) there is no record of punishment exceeding the same criminal history or fine; and (c) other circumstances, such as the Defendant’s age, sex and environment; and (d) circumstances after the commission of the crime.

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