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(영문) 인천지방법원 부천지원 2017.10.20 2017고단1772
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

around 00:30 on July 18, 2017, the Defendant: (a) dispatched to the site after receiving a report from 112 to the effect that “the husband intends to commit rape; and (b) obstructed the Defendant from the slope F belonging to the Kucheon-si Police Station Earp of the Seocheon-si Police Station, which listened to the reporter’s statement; (c) assaulted the above F’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s f’s b

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on investigation (112 patrols and videos);

1. Schedule of work in E District and 112 for the settlement of reported cases;

1. Application of the Acts and subordinate statutes to police officers' photographs, 112 patrols and video photographs;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no person who has a basic area (6 months to one year and six months) (limited to a person who has been subject to special sentencing) [decision of sentence] : The defendant exercised assault against a public official who has legitimate execution of his/her duties; the fact that the nature of the crime is not good; the fact that the crime has been punished for the crime of assault is several favorable circumstances that are favorable to the fact that the crime has been committed: The fact that the defendant recognized the crime and reflects the motive and background of the crime, the degree of assault, the circumstances after the crime, etc.; and the various sentencing conditions specified in the records and changes theory, such as the records and changes, shall be determined as the order.

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