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(영문) 인천지방법원 부천지원 2017.04.21 2017고단275
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 December 16, 2016, 05:23, the Defendant reported 112 on the frontway of the “C” located in Seocheon-si B, Seocheon-si, 2016, and obstructed the patrol vehicles that the Defendant completed and obstructed the report by the head of the police station D in the Seocheon-gu, Seocheon-si Police Station D who called up.

Accordingly, the above E gets the Defendant to India from the patrol car, and met, the Defendant assaulted the above E, “after receiving taxes from the body of the son, sweak, sweak, and sweak, the Defendant her sweaked the breast part of the sweak E by sweaking the Defendant’s sweak.”

As a result, the Defendant interfered with legitimate execution of duties concerning the duty of the funeral E, which is a police officer, 112 net inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement made by the police for E;

1. A report on investigation;

1. Application of the Acts and subordinate statutes to a copy of the work site of D global service and a certificate of employment;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The mitigated area of Category 1 (Obstruction of Performance of Official Duties and Compelling of Duties) [Special mitigated Persons] where the degree of obstruction of violence, intimidation, deceptive scheme, or public duties is insignificant [decision of sentence] unfavorable circumstances: the nature of the crime is not good; circumstances favorable to the fact that the defendant is not agreed with the victim: The defendant recognized the crime and reflects it; the defendant has no record of punishment for the same crime; the circumstances of the crime; the degree of interference with official duties; the circumstances after the crime; etc.; and the various sentencing conditions indicated in the records and changes theory, such as records and changes, etc. shall be determined as per the order.

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