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(영문) 인천지방법원 부천지원 2017.06.23 2017고단1116
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 21, 2017, the Defendant: (a) reported on March 16:30, 2017, and received 112 reports to the effect that the drunk was taking a bath, and was urged to return home from D having been dispatched to the site by the police station affiliated with the Seocheon-si Police Station, Seocheon-si, which called “Iskin and chrone”, and (b) assaulted the police officer, such as continuing to put the Defendant on the front part of the police officer’s clothes, in which the said police officer attempted to take the Defendant on the patrol.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Place of work, a statement of report 112, and application of Acts and subordinate statutes related to damaged photographs;

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 (The following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who has no basic area (from June to one year and six months) [the person subject to special sentencing] [decision of sentence] under the circumstances favorable to the defendant's wrongness, the police officer is under the punishment of the defendant, and the fact that the police officer is under the punishment of the defendant, the fact that there is a relatively minor exercise of force against the police officer, the fact that the damaged police officer is under the punishment of the defendant, and the fact that there are several records of punishment for violence-related crimes including the same kind of crime, etc., shall be considered in consideration of the various sentencing conditions shown in the argument of this case and determine the same sentence like the order.

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