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(영문) 인천지방법원 부천지원 2018.11.01 2018고단2140
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

피고인은 2018. 6. 3. 07:40 경 부천시 B, 2 층에 있는 'C' 단란주점에서 술에 취하여 잠이 들어 영업시간이 끝났음에도 나가지 않아, 112 신고를 받고 출동한 부천 원미 경찰서 D 지구대 소속 경장 E, 경장 F이 피고인의 양 쪽에서 팔짱을 끼고 다른 경찰관이 뒤에서 몸을 받쳐 주면서 1 층으로 내려왔다.

Defendant 1 on the first floor of the above dan 1, whether he “sing sing and singing by a police officer,”

Does there be no money for the payment of the money

"Preaming, taking a bath, deduction of the arms with the fluor E, and pushing the above E with the hand, and assaulted the parts of the above E such as the fluor hand.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the G’s written Acts and subordinate statutes;

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 under Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care and Custody Act, the defendant's mistake is recognized and reflected.

- The Defendant again committed the instant crime even though he/she was punished by a fine of KRW 2.5 million on September 10, 2007, and a fine of KRW 10 million on December 23, 2016 due to the obstruction of performance of official duties on December 23, 2016.

In addition, there is a record of suspension of the execution of imprisonment and punishment for a fine on several occasions due to violent crimes.

- However, the Defendant was guilty of committing assault, and the degree of conduct in the performance of official duties, as he was committed by a police officer.

shall not be deemed to exist.

The damaged police officer E prepared a written application for non-criminal punishment against the defendant.

- Under the influence of alcohol, the Defendant stated that the instant crime was not well memoryd, and that he had undergone a large number of accidents due to drinking during that period.

In the future, the possibility of recidivism is possible.

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