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(영문) 인천지방법원 부천지원 2018.04.04 2018고단442
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 January 23, 2018, the Defendant her drinking alcohol on around 02:25, while getting on a taxi and getting off the taxi, and did not get off the taxi, thereby having the taxi engineer carried the Defendant as it is, and went to the Seocheon-si Police Station C district in Seocheon-si B.

Defendant 1: (a) took a taxi engineer at the above date, at the above time and place, she was fluored to take her home from a police officer who belongs to the said district; and (b) took her home from a police officer who was employed in the said district; and (c) took her home with her hand, and her fluord the part of the said D’s fluor, etc.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damage and investigation reports (on-site CCTV analysis);

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) (the decision of sentence) [the person subject to special sentencing] in the police station is very likely to commit violence against police officers within the police station.

The degree of interference with the performance of official duties is not easy.

However, the defendant's mistake is recognized and reflected late.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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