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(영문) 인천지방법원 2018.02.08 2017고단8896
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2017, at around 23:00, the Defendant: (a) discovered the Defendant’s cell phone at around 112 at around C Singing practice site in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) discovered the Defendant’s cell phone at around 3 times, and used the Defendant’s cell phone to verify the details of the mobile phone on the ground that E was seized at a criminal place in violation of the Music Industry Promotion Act due to entertainment by entertainment; (c) returned the cell phone to E; and (d) assaulted the Defendant at least once at the right right kne E’s back-to-face.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

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

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 reason for sentencing of Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [6 months - one year and six months ] The decision of sentence 】 The legal character and behavior or the attitude of public authority at the time of public authority to the police officers so as to display violence to the police officers with the intent to obstruct the investigation or destroy evidence during the entertainment reception control process. In addition, it is difficult to find out the positive sentencing factors even in the attitude of being in the normal or public trial after the crime, and it is difficult to eliminate the possibility of recidivism in the event of a serious punishment.

However, there is a need for careful social treatment only once in light of the possibility of infection from inmates to sacratic sacrife, good power and support relationship between the defendant and the defendant.

The punishment of six months shall be determined within the scope of the recommended punishment, and the execution of the punishment shall be suspended for a period of two years on condition that community service for the improvement of sex.

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