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(영문) 인천지방법원 2018.08.23 2018고단3452
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On April 24, 2018, around 19:35, the Defendant laid down 265 weeks around the Incheon Southern-gu Office, and laid down the door in front of 7 Dong community service center. Upon receiving 112 a report, the Defendant spited the victim C, a police officer belonging to B district group, who was called up with B district group upon receiving 112, and spited the spite, spite the spite, the spite the spite of the victim, and the victim’s left shoulder part while he was arrested in the act of committing the crime and moves to the district.

Accordingly, the defendant interfered with the legitimate performance of official duties by police officers who conduct 112 handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to field photographs and damaged parts of the photograph;

1. The relevant Article of the Criminal Act, Article 136(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence], the basic area (six months to one year and six months) (the person who has a special sentencing seal] (the person who has been sentenced] (the person who has committed a special sentencing seal] (the decision of sentence] In April, this court was sentenced to two years of suspended sentence for October on December 23, 2016 and the judgment became final and conclusive on December 31, 2016, and again committed the instant crime by assaulting a police officer in the state of his or her own while under suspension of execution, even though the judgment became final and conclusive on December 31, 2016.

The degree of violence exercised by the defendant is not somewhat weak.

Despite the difference of defendants, the main behavior has not been improved as well, and in the process, violence crimes are continuing.

It is sentenced to a punishment to raise the awareness of danger and prevent recidivism.

In determining a specific term of punishment, a punishment lower than the lower limit of the recommended punishment shall be determined, taking into account the following factors: (a) the defendant has recognized his/her mistake; (b) the spouse and minor children support the child; (c) the efforts to pay money, such as hospitalized treatment; and (d) the deposit of a certain amount for the victimized police officer; and (b) other sentencing conditions.

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