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(영문) 인천지방법원 2016.12.22 2016고단7637
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 became final and conclusive.

Reasons

Punishment of the crime

At around 02:48 on November 8, 2016, the Defendant, at the Incheon Southern Police Station C District District of the Incheon Southern Police Station located in Nam-gu Incheon Metropolitan City, expressed that “I am late, I am late, I am, I am in D, I am in house, I am in house,” and the police officer E belonging to the said district would stop the Defendant. The Defendant expressed to the said police officer that “I am late, you will not see why I am in, why I am, why I am in, and why I am, I will am in, I am the face of the police officer at his hand.”

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

Summary of Evidence

1. Defendant's legal statement;

1. A written complaint and a written statement of E;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes governing CCTV images;

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

1. Although the crime of obstruction of performance of official duties under Article 62(1) of the Criminal Act is to be strictly punished in order to establish the public authority and legal order, considering favorable circumstances, such as the confession and reflect of the defendant, the fact that the defendant seems to have committed a crime under the influence of alcohol, the fact that the defendant has no criminal record of punishment due to the same kind of crime or no record of punishment exceeding the fine, the punishment shall be determined as ordered by taking into account the defendants’ age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.

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