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(영문) 인천지방법원 부천지원 2017.10.20 2017고단1981
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 June 30, 2017, 05:25 around 05:25, the Defendant recommended the police officer D(32) belonging to the Seocheon-si Police Station C unit of the Seocheon-si Police Station, the Defendant, who was under the influence of alcohol and was under the influence of alcohol, to invalid the Defendant, who was under the influence of alcohol, and was in the influence of alcohol, to have the said police officer returned to the Republic of Korea.

Dograd Dog

The 112 police officers' legitimate performance of official duties concerning the handling of reports was obstructed by assaulting the police officers' her hand on one occasion, such as her buck, her bomb, her bat, etc., and her bat at one time, and the police officers' breaths.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A damaged photograph;

1. Application of Acts and subordinate statutes to investigation reports (attached to a detailed statement, etc. of processing reported cases);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense, Article 136 (1) of the Criminal Act concerning the selection of punishment, and the choice of imprisonment;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] interference with the performance of official duties, and the extent of interference with official duties is minor (one month to eight months) in the mitigation area (one month and eight months), [the person with special mitigation] in the case of assault, intimidation, deceptive scheme, or obstruction of official duties (the decision of sentencing] in the case of assaulting the police in the course of performing official duties, which is disadvantageous to that of the defendant, the fact that the crime is not good; the defendant is the first offender; the defendant is against the mistake; the degree of assault is relatively minor; and various sentencing conditions as shown in the argument of the instant case are considered in consideration of various sentencing conditions set forth in the argument of the instant case.

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