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(영문) 인천지방법원 부천지원 2018.11.09 2018고단2230
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2018, the Defendant: “Around 23:05, the Defendant, at the front-time pay parking lot of Seocheon-si, Seocheon-si, the Defendant was under the influence of the police officer, who was dispatched to the site upon receipt of the 112 report and was urged by the police officer E to return home from the police officer E, who was dispatched to the site after receiving the 112 report, and without any justifiable reason, interfered with the police officer’s legitimate performance of duties concerning handling reports and maintaining order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The place where he works in the D District;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of a recommendation] [the scope of a recommendation] interference with the performance of official duties in the basic area (from June to January to June) (the special sentencing person] of Article 62(1) of the Criminal Act (the sentencing person] of the Act on the Suspension of Execution of Sentence No. 1 (the sentencing person shall be sentenced] [the act of obstructing the performance of official duties by a police officer who wears his uniform is not less than that of the crime.

However, the punishment shall be determined as ordered by taking into account various factors of sentencing as shown in the public trial, such as the fact that the defendant is against the mistake, the motive and circumstances leading up to the crime of this case, the contents and degree of interference with official duties, the circumstances after the crime, the age of the defendant, sexual conduct, family relationship, health status, economic circumstances, etc.

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