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(영문) 인천지방법원 2018.10.18 2018고단6203
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 July 20, 2018, around 20:00, the Defendant spons up nine persons in front of the Dong-gu Incheon Dong-gu North Spare, which is located in the floodgate passage 4 of the Dong-gu Incheon Metropolitan City.

"A police officer of the Jung-gu Incheon Police Station B police box who was dispatched to the site after receiving a report 112 was arrested as a flagrant offender under the offense of insult C, who takes a bath to the police officer D of the Incheon Central Police Station B police box, and was found to have C's arms with his body while taking a bath.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

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. 【The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act 【the scope of recommended punishment】 The mitigated area of interference with the performance of official duties (type 1) / Special mitigated person: in a case where the degree of assault is minor, it is difficult to eliminate the possibility of re-offending in light of the legal large tendency and congested relation with the act committed / the act committed.

Provided, That it shall be treated in society in consideration of the weight of mitigated persons and the gap between time and time with the previous crimes.

The punishment shall be determined for four months within the scope of the recommended punishment, and the execution of the punishment shall be suspended for a period of one year on condition that community service for the improvement of sex.

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