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(영문) 인천지방법원 2018.02.20 2018고단509
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 6, 2018, the Defendant, at the Incheon Yeonsu-gu Incheon Metropolitan City Police Station D District District, located in Yeonsu-gu, Incheon, on January 6, 2018, in order to explain the details of damage, e.g., under the influence of alcohol after reporting 112 of assault damage, the circumstances E belonging to the said District E, where “e.g., drinking after drinking, he is present at the police station and undergo an investigation later.

“The purpose of “” refers to the solicitation of returning home, and the act of assaulting, i.e., fating the fat of the above E, bating the left face one time by drinking, and walking the left fat of the fat, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to investigation reports (CCTV images and cell phone video images);

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 Criminal Act for the protection and observation, and the order to attend a lecture [the scope of a recommendation] and the reason for sentencing under Article 62-2 of the Criminal Act [the scope of a punishment] There is no person who does not have a basic area (the period from June to June) (the period from June to June) [the person who is subject to special sentencing] [the sentence] six months, and the period of suspended sentence one year: A person who interferes with the performance of a public service needs to be punished to establish the public authority and the law

The defendant has been already convicted of seven times of violence (one time of suspended execution, six times of fine).

The favorable circumstances: The mistake is recognized.

It is a contingent crime.

The sentence shall be determined as ordered in consideration of the conditions of sentencing, such as the defendant's age, sex, family relationship, and property status, and the execution thereof shall be suspended only once.

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