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(영문) 인천지방법원 2018.04.12 2018고단892
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 01:40 on November 30, 2017, the Defendant was punished for Si expenses in the “C” located in the Southern-gu Incheon Metropolitan City B, and received 112 reports and received a removal from E who belongs to the Incheon Southern Police Station D police station, which called the Defendant.

The defendant, on the floor of the hand, blicked the right side of E one time, and blicked the face of E one time by drinking.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning 112 reporting management affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes by capturing a victim's face, a file list, and a screen image;

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 grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【The scope of recommended punishment】 The basic area [6 months - 1 year and 6 months ] the 【The Decision of Sentence】 In light of the degree of light of the public authority and the value-added of the crime committed, it is difficult to take preventive measures, which is certain as punishment for property punishment.

shall be deemed to have been.

However, it is difficult to conclude that the risk of recidivism has reached the stage of isolation to the extent that the detention is to be determined as the sole edification plan in light of the situation at which the defendant was faced, the beginning of the case, and the minor records.

It is reasonable to treat carefully within society only once.

The punishment for six months shall be determined within the scope of the recommended punishment, but the execution shall be deferred for one year on condition that community service for the prevention of recidivism is provided.

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