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(영문) 인천지방법원 2018.02.08 2017고단7498
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2017, around 22:50 on October 22, 2017, at the defendant's house located in Seo-gu Incheon Metropolitan City B Apartment 108 Dong 1902, "the head and the fraud are enclosed."

112 reported to the effect that “I am out of this son, I am out of this son, I am out of the said apartment site,” to the police who was called out by the C District Doctrine D, E;

Maz.

Before doing so, I expressed a bath as follows: “Chewing grings, grings, hrings hings hingings hingings hings hings)” to a slope D, and tried to ming off the entrance by cutting off the police ging off from the above apartment entrance, and slicks hing off the above police.

Since then, the Defendant: (a) to the police officers of the danger that the police attempted to go out of Korea, “I am dead; (b)

Neina

This is a residential intrusion.

“Chinging the police,” together with the police, trying to take the face of the police on drinking in the elevator, but he was removed from the slope D, and as a result, he was assaulted by the police, such as flaging the ebbbb of the police, making the ebbbbb of the police so that he can fall off on the uniforms by cutting down the ebbbb of the police two times in his hand, and walking down the left kne.

Accordingly, the defendant interfered with the police's legitimate execution of duties concerning 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: Imprisonment with prison labor for six months, and a year of probation one year, the defendant committed the instant crime that assaults the police while taking a bath, and the State.

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