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(영문) 인천지방법원 2016.10.19 2016고단5444
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

At around 01:45 on July 14, 2016, the Defendant was arrested as a flagrant offender of the crime of assault from a policeman belonging to the Incheon Southern Police Station C District, and was waiting to a criminal watch office of the Incheon Southern Police Station as Dong-dong, Incheon, Nam-dong, Incheon, to move along with D along with D to a criminal watch office of the 668 (Gu Dong Dong-dong), and was waiting to conduct an investigation, and found that D was waiting to move out of the area to return to the district, and used to drive away from the area, and used to walk back D's left her hand, with D's hand, at one time, and walked D's left bridge on one occasion.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant is under the influence of alcohol to obstruct the performance of official duties of police officers wearing uniforms, and that he/she is the active transfer of assault.

On July 2012, the Defendant again committed a crime despite the record of fine for the same crime.

Therefore, the defendant is sentenced to imprisonment.

However, in consideration of the fact that the defendant acknowledges and reflects the crime, and the social relationship is relatively clear, the term of punishment shall be set and the execution of the punishment shall be suspended.

In addition, in order to prevent recidivism, a social service order is given to the defendant.

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