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(영문) 인천지방법원 2019.01.24 2018고단7630
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:40 on September 18, 2018, the Defendant: (a) received 112 report from the Defendant and taxi article to the convenience store located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) served as the police officer, on the ground that the police officer sent the taxi article to the Gyeongsan Police Station D District of the Incheon Samsan Police Station, and the police officer returned the taxi article, and (c) used the f to stop the patrol vehicle in front of the patrol vehicle taken by the said police officer, stop the flick, stop the flick, flick the chest of the E to stop the flick, cut the chest of the flick in his hand, and flick the flick face two times after having pushed the flick.

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. Court statement of the defendant (the second trial date);

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to each investigation report (case of telephone conversations of a shote, investigation into the E counterpart by a damaged police officer, and investigation into the F counterpart by a damaged police officer);

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

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. The defendant who has been sentenced to the sentence shall be driving and starting as a problem of taxi rates;

In light of the background and content of the instant crime, etc. that prevents the performance of official duties, when the police officer who took measures to return home after paying the fee, and when exercising violence, the Defendant should be punished strictly in light of the fact that the liability for the crime was not easy in light of the circumstances and content of the instant crime, and that there was the same penal power. However, the Defendant is currently attempting to commit a crime, and the Defendant is found in the earth to be subject to punishment against the victimized police officer during the public trial of this case.

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