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(영문) 인천지방법원 2018.10.18 2018고단5861
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than five 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

1. On July 22, 2018, around 09:50 on the Seo-gu, Incheon, Seo-gu, Incheon, “A drinking male spawn” assaulted the Defendant, i.e., “F. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f

Accordingly, the Defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported cases by police officers.

2. At the same time and place as set forth in paragraph 1, the Defendant publicly insulting the victim by openly insulting the victim with the large voice of “Chewing, string, dead, bitching, bitching, bitching, bitching,” at the place where the victim is surrounding merchants and happy.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of punishment for a crime;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is 【Selection of Imprisonment’s Sentence, which is derived from a false drinking culture or lack of self-control, needs to be seen as a serious social disaster rather than an individual’s net deviation.

In the case of the defendant, the police officer's attitude in the light of the public power, has reached a serious number of times.In the case of the defendant, the method of expressing sex that has been struted with violent outcomes inherent in front of the defendant, and thereby, it is difficult to control the impulse of re-offending, which is less than a certain period of punishment that remains in the property type, in light of the damage, the destruction, the circumstances after arrest, and the cumulative records of the same kind of power at the scene.

However, in the event that a prisoner is detained due to his visit, he is infected or rather infected by a bad appearance from prisoners.

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