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(영문) 인천지방법원 부천지원 2018.11.15 2018고단2424
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

The defendant is a company member.

On August 17, 2018, at the front of “C” located in Seocheon-si B around 23:05, the Defendant assaulted the Defendant with E, F, and sib in the way of drinking alcohol together with D and waiting for a taxi, and thereby, arrested the Defendant as a crime of assault from H, a police official belonging to the police officer of the Seocheon-gu Police Station G District, Seocheon-gu, Seoul, Seoul, which was called upon 112, and transferred to the G and transferred to the G, to inform the Defendant of his personal information at H’s request.

“Along with the water in which one of the following water was dried, H assaulted in a way that the water was dried up to the face of one’s own H after singing the water as if the water was dried.

As a result, the Defendant interfered with the legitimate performance of duties by police officers in the process of violence by 112 reporting without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against E or D;

1. Each police statement made to F and H:

1. A criminal investigation report (CCTV image investigation), and a criminal investigation report (a wooden statement);

1. A closure of multi-purpose CCTV images;

1. Copy of a certificate of police officer;

1. Application of Acts and subordinate statutes to a copy of work place;

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 / [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [the sentence] unfavorable under Article 62-2 of the same Act: The defendant interfered with the police officer who performs legitimate execution of his/her duties by drinking water and obstructing the execution of his/her duties. The nature of the crime is not good.

One time of punishment for a fine due to the same crime.

The favorable circumstances: The mistake is recognized and reflected.

In addition, the punishment shall be determined as ordered by taking into account the motive and background of the crime, means of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the theory of change.

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