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(영문) 인천지방법원 2016.08.18 2016고단4962
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 21, 2016, at around 04:20, the Defendant tried to look at the above victim while the police officer E belonging to the Incheon Southern-dong Police Station D District District, who was called up after receiving a report of 112 on the roads in front of the Southern-gu Incheon Metropolitan City, Incheon, and received a report of 112 on the personal injury.

Accordingly, the above police officer's defect that he attempted to stop it, carried the chest of the above police officer by hand, and "S. I am to come, I am to come. I am to come. I am to go. I am. I am. I am. I am. I am. I am. I am. I am. I am. I

At around 06:43 on the same day, the police officers belonging to the police station's district unit in the area near the ASEAN's apartment village in South-gu, Dong-gu, Incheon Metropolitan City. In addition, the police officers belonging to the police station's district unit in the area of Gu.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, E, and F;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

1. In light of the unfavorable circumstances, such as the fact that the nature of the crime was inferior to that of the police officers who wear the uniform for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, the fact that the police officers had already been punished for the same kind of crime, etc., the defendant appears to have the attitude to recognize and reflect the crime, the fact that the defendant has no record of punishment heavier than that of the imprisonment without prison labor, etc., shall be considered as favorable circumstances, and other matters prescribed in Article 51 of the Criminal Act, which are the conditions of sentencing, such as the defendant's age, sexual behavior, environment, etc., as

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