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(영문) 인천지방법원 부천지원 2018.11.16 2018고단2477
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 00:30 on August 20, 2018, the Defendant sent to the site after receiving a report at 3,000,000 Seocheon-ro, Seocheon-do, and 112 on the northwest-do, and received a statement from the reporter, and heard the reporter’s statement, the Defendant assaulted the shoulder of the above C at one time with a shoulder, a police officer belonging to the Seocheon-gu, Nowon-gu, Police Station B of the Dong-gu, Seoul, Seoul, without any justifiable reason. The Defendant Da Da d, who is the police officer belonging to the same patrol group, did not stop this, and assaulted the above D’s chest at one time, with his hand, and continuously pushed his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E;

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

1. The reason for sentencing under Article 62(1)(C) of the Act on the Suspension of Execution [The grounds for sentencing which are favorable among the reasons for sentencing] where the degree of interference with the execution of official duties or public duties is minor in the mitigated area (one month to eight months) (i.e., assault, intimidation, deceptive scheme, or obstruction of performance of official duties) [a person subject to special mitigation] (a decision of sentence] where the defendant commits a crime and reflects the criminal facts; the motive and background of the crime in this case; the contents, form and degree of interference with official duties; the circumstances after the crime in this case; the defendant's age, sex behavior, family relationship, economic circumstances, etc.; and the various conditions of sentencing as shown in the trial in this case, including the previous criminal records, shall be comprehensively taken into account.

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