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(영문) 인천지방법원 2018.12.13 2018고단7560
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On October 16, 2018, at around 20:46, the Defendant received a request for returning home from a police officer belonging to the Incheon Gyeyang-gu District Police Station B of the Gyeyang-gu Incheon Gyeyang-gu, which was called “Yebro gue, spawn, spawn, spawn spawn, spawn spawn” from a police officer belonging to the Incheon Gyeyang-gu Police Station B of the Gyeyang-gu, which was called upon a drinking report, and assaulted C’s chest on five occasions by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies and property of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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 reason for sentencing under Article 62-2 of the Criminal Act is that the treatment is limited to the property type for the reason of sentencing under Article 62-2 of the Criminal Act, but the light tendency of the public authority, who has taken the initiative to the extent that it is difficult to achieve the preventive effect, has reached a serious number of times. However, if the criminal defendant is faced with, during the crime, a relatively good military power, the side effects of detention on the prison, and the need to improve the family life and alcohol dependence by seeking the suppression of fundamental recidivism, it is appropriate to take careful social treatment only once.

Punishments of four months shall be determined by imprisonment within the scope of the recommended punishment (type 1, mitigation area, and up to August), and the execution thereof shall be deferred for a period of one year on condition that protection observation and participation for the prevention of recidivism are taken.

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