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(영문) 인천지방법원 2018.04.11 2017고단9166
공무집행방해
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A: (a) on December 3, 2017, at around 21:29, at around 21:29, sent to the Jung-gu Incheon Jung-gu Incheon, Defendant A: (b) was asked by the police officer F of the Police Station E box of the Jung-gu Police Station of Incheon, the police station of Jung-gu, Incheon, to ask questions about the circumstances of the instant case; (c) Defendant A: (d) was sent to the police officer F of the Police Station E box of the Jung-gu, Incheon; (d) was sent to the left-hand chest on two occasions by her hand; and (d) was laid off to the f off, and used to assault the victim by means of a bucking against the victim.

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

2. Defendant B, at the same time and time as above, assaulted the police officer F, such as the defect that the police officer F arrested the above A as a current offender and attempted to board the police officer, Defendant B prevented the police officer from standing and cutting off the F’s clothes, and allowing him to do so.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police of the F;

1. G statements;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. The sentencing guidelines for Defendant A [the scope of the recommended punishment] is that there is no basic area (six months to one year and six months) (the person subject to special sentencing) in the basic area (the scope of the recommended punishment) of Category A [the scope of the punishment] [the person subject to special mitigation] in the mitigated area (one month to eight months) (the person subject to special mitigation] in the mitigated area (one month to one month and eight months), and the degree of interference with the execution of public duties is minor;

2. In light of the fact that Defendant A was arrested on the part of Defendant B, including the fact that Defendant A was a contingent crime, confession and reflects, and that there was no criminal record of the suspension of the execution of the same kind of imprisonment or imprisonment with prison labor or more, it is reasonable to consider that Defendant A attempted to prevent the arrest, and the degree of the assault is relatively minor, and confession.

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