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(영문) 인천지방법원 부천지원 2016.04.06 2016고단377
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

피고인은 2016. 2. 12. 14:00 경부터 같은 날 16:00 경까지 경기 부천시 소사구 B에 있는 C 성당에서 진행되는 윷놀이 행사장에 들어가 술을 마시고 행사를 방해하던 중 112 신고를 받고 출동한 부천 소사 경찰서 D 지구대 소속 경위 E로부터 귀가하라는 말을 듣자 위 E에게 “ 야 새끼야, 넌 경찰이면 다냐,

Doing why the inside of the said E ought to be caused by drums, and assaulted the said E’s hand part with the hand floor three times, such as the hand part of the said E’s chest part on three occasions by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes in which statements made by the police in relation to E are recorded;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor (one month to eight months) in the mitigation area (one month to eight months) [Judgment of sentence] in favor of the defendant: (a) the defendant led to the crime of this case; (b) the defendant seems to have committed a crime of this case; and (c) there is no record of punishment exceeding the fine yet to be imposed on the defendant; (d) the crime of this case was committed by the police officer dispatched to his mistake, and its nature is not good; and (e) other circumstances under Article 51 of the Criminal Act, such as the violence of this case and the degree of interference with official duties resulting therefrom, are determined as ordered within the scope of the sentencing guidelines, comprehensively taking into account the circumstances under Article 51 of the Criminal Act, such as the degree of interference with the execution of official duties.

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