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(영문) 인천지방법원 부천지원 2018.09.21 2018고단2011
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence 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 7, 2018, at around 02:20 on August 7, 2018, the Defendant: (a) expressed that the Defendant: (b) took a bath to the said police officer that he was in order to arrest a police officer, who was a patrol officer, G, such as G, a patrol officer, who was dispatched to the scene after receiving the report of the instant 112 of the assault incident, and was in order to arrest a police officer in the act of violence, the Defendant: (c) took a bath to the said police officer, stating, “P,” she was f, who was flicker, flicker, flicker, flicker, and flicker’s chest, and flicker’s breast, flicker’s flick, and flicker’s flick and flicker’s flick, depending on the following day of the assault.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a flagrant offender by the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to I, G, and F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations] The basic area (from June to January, 1) of the Act on the Suspension of Execution of Official Duties and the basic area (from June to June, 200) [the decision of sentence] The act of obstructing the police officers who wear their uniform from performing their official duties is not against the punishment for such crime.

However, the punishment as ordered shall be determined by taking into account the following factors: the defendant's recognition of the crime of this case, the motive and circumstances leading up to the crime of this case, the contents and degree of interference with official duties, the circumstances after the crime, the previous records of the crime, the age, sex, family relationship, economic circumstances, etc.

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