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(영문) 인천지방법원 부천지원 2018.04.19 2018고단314
공무집행방해등
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 January 17, 2018, the Defendant: (a) expressed the desire that “Isk Ha, Isk Ha, Isk Hask Hask, Isk Hask Hask, Isk Hask, Isk am, Isk am, Isk am the body part of the above D several times, am the body part of the body part of the body part of the above D, am the kn't kn't kn't kn't kn't kn't kn't kn't kn's kn's kn's kn's kn's kn's kn's kn's kn't.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on illegal crossing.

Around February 28, 2018, the Defendant driven Efranchis without obtaining a driver’s license from approximately 100 meters section from the front side of the Mag-dong Mag-dong, Seocheon-si, Seocheon-si, to the front side of the office of the Southern-do.

Summary of Evidence

"2018 Highest 314"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The F's statement "2018 highest 513";

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license and the application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the point of obstructing the performance of official duties);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - favorable normal circumstances: the Defendant recognized and reflected the error.

The defendant found the damaged police officer, who was in charge of his death.

- Unfavorable circumstances: the Defendant was sentenced to two years of suspension of execution on September 22, 200 by obstructing the performance of official duties on September 2, 200, and was sentenced to a summary order of KRW 3 million on December 31, 200 by obstructing the performance of official duties, but committed the instant crime interfering with the performance of official duties again.

In addition, the driver's license of this case is revoked when he/she was punished four times in total due to driving of drinking and refusal to measure drinking.

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