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(영문) 인천지방법원 부천지원 2018.12.07 2018고단2183
공무집행방해
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 August 12, 2018, at around 05:35, the Defendant reported 112 to the effect that women suffered sexual assault, and received confirmation on the details of the report from D and E, the background leading up to the Seocheon-si Police Station affiliated with the Seocheon-si Police Station, Seocheon-si Police Station, and the Defendant committed assault by the Defendant, such as her hand, her knifeing the inside of the D’s right-hand buck and her knife, her knife, her knife and knife his knife with E’s hand.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers concerning 112 reporting management affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E and D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act: (a) the Defendant recognized his responsibility for the instant crime; (b) the first offender; (c) the Defendant filed a false report under the influence of alcohol; (d) the police officers, who sought to listen to the details of the report, using violence without any justifiable reason; (c) the period during which the police officer was obstructed from performing official duties; (d) the degree of time is considerably long; (e) the Defendant continued to act as a threat to police officers without being taken in the zone after being taken in; and (e) the Defendant’s age, sexual behavior, criminal background, and the circumstances before and after the commission of the instant crime; and (e) the sentencing guidelines for the obstruction of the performance of official duties.

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