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(영문) 인천지방법원 2017.10.12 2017고단4983
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

around 04:35 on July 4, 2017, the Defendant visited the Incheon Southern-gu Police Station D District District of the Incheon Southern-gu, Incheon, as a problem of taxi drivers and taxi charges.

The Defendant, upon the solicitation of the police officer E to pay the fare and return home, assaulted the above E at one’s own arms, and continued to shot up the said E on the ground that the police does not take one’s own part, and used the Defendant to walk the right static mouth of the above E twice.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the protection of the lives, bodies, and property of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (The conditions favorable to the reasons for sentencing) of the Criminal Act [the scope of recommendations] The basic area (from June to January, 1) of Article 62(1) of the Act on the Suspension of Execution of Public Duties (the grounds for sentencing) is that there is no person subject to special sentencing [the sentence] [the six months to June, 200] [the sentence] imprisonment, and one year to suspend execution of public duties: The criminal who interferes with the performance of public duties needs to be punished strictly for the establishment of legal order and the protection of public authority. The circumstance at the time of the defendant's assertion is that there is no circumstance that justify the police officer's act of exercising violence. The circumstance at the time of the defendant's assertion is that there is four times of fine, including the same and one time of fine. The circumstance is against this court. The execution of the sentence is determined by taking into account the circumstances above and all other circumstances of the defendant's age, sex, financial status, family relation, etc.

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