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(영문) 인천지방법원 2018.02.13 2018고단393
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 December 24, 2017, at around 03:00, the Defendant: (a) requested D to pay a taxi fee and return home to the site after receiving a report from 112, while working as a taxi engineer B and a taxi fee, etc. in front of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon; (b) on December 24, 2017, at around 323, Bupyeong-gu, Incheon; and (c) assaulted D at one time the chest part of the said D’s chest.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to B or D;

1. Application of the Acts and subordinate statutes to report on investigation (Attachment of motion pictures to police officers);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) of the Suspension of Execution (the scope of recommendations) is that there is no person [special sentencing person] in the basic area (from June to January 1) (the special sentencing person] (the decision of sentencing is sentenced] (the decision of sentencing is six months), six months in the suspension of execution of public duties, and one year in the suspension of execution of public duties: A person who interferes with the performance of public duties needs to be punished to establish public authority and legal order.

The defendant has already been sentenced to six times of a fine for violence.

The favorable circumstances: The mistake is recognized.

It is a contingent crime.

The sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the defendant's age, sex, family relationship, and property status, and the execution thereof shall be suspended only once.

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