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(영문) 인천지방법원 부천지원 2017.09.01 2017고단419
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 February 11, 2017, the Defendant: “D restaurant located in Seocheon-si C” on February 11, 2017, “The Defendant: (a) sent out after receiving a report from 112 that the Defendant f was seated, and received a request from F to return home from the police officer belonging to the Dongcheon-gu Police Station E zone of the Gyeonggi-gu Police Station E zone; and (b) sent the f to the above F abbbbbbb.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a copy of work place;

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 a basic area (from June to one year and six months) [No person who has been subject to special sentencing] [decision of sentence]: The defendant puts a person who has a legitimate performance of official duties against a police officer who has a legitimate performance of official duties; the crime is not good; circumstances that are favorable to the fact that there are two times favorable records that the defendant has been punished for interference with official duties: recognition of and reflects the crime; the fact that there is no record of being punished for interference with official duties or of having been sentenced to a suspended sentence or heavier punishment; the circumstances of the crime; the degree of interference with the performance of official duties; circumstances after the crime; and other various sentencing conditions as indicated in the records and arguments, such as records and changes, shall be determined as the order.

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