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(영문) 인천지방법원 부천지원 2017.10.13 2017고단1973
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

On June 7, 2017, 05:30 around 05:30, the Defendant, “C” at the main point of “C,” located under B 1, Seocheon-si, Seocheon-si, B, requiring the Defendant to take appropriate measures with regard to the payment of the alcohol value from the slope E of the police officer assigned to the D District Police Station, which was dispatched after receiving a report.

“Along with the physical appearance of E, it was assaulted by plucking, plucking, etc. of E by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. Investigation report (CCTV investigation);

1. Notification to the department related to the report of 112 case;

1. Application of Acts and subordinate statutes to a copy of an invoice, a copy of a business permit, a copy of a public official's certificate, or a copy of a DNA service site;

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 no basic area (from June to one year and six months) [Special Sentencing Decision] [Judgment of sentence]: When a defendant exercises violence against a police officer who performs his/her legitimate duties, he/she has committed a crime in favor of the nature of the crime: The circumstances favorable to the fact that the crime is not good: recognizing the crime; the fact that there is no record of punishment for the same crime; the motive and background of the crime; the degree of violence; the circumstances after the crime; etc.; and the various kinds of sentencing conditions as indicated in the theory of records and changes, such as records and changes, shall be determined as the order.

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