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(영문) 인천지방법원 2017.04.27 2017고단1590
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 27, 2016, around 04:20 on December 27, 2016, the Defendant illegally crossinged the street in front of the Saemaul Undong 352 (Mamandong) in front of the Saemaul Undong, Incheon Southern Police Station B, and was requested by C to present an identification card, the Defendant displayed C’s face to the face, and left part of C’s left part by drinking.

The Defendant continued to escape from a police officer who prevented him, thereby threatening C by citing a tree fire fighter (14cm wide, 30cm long) which is a dangerous object in front of the Southern-gu Incheon Metropolitan City D's high flagpole, Nam-gu, Incheon, and threatening C by threatening the police officer (14cm wide, 30cm long).

Accordingly, the defendant carried dangerous objects and interfered with legitimate performance of official duties concerning traffic control by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Photographss and fire-proof photographs by capturing a dynamic image course;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 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 Criminal Act of the suspended sentence [the scope of the recommended sentence] The reason for sentencing under Article 62(1) of the Criminal Act is the case where the aggravated area (1 year to 4 years) (1 year to 1 year to 4 years) (1 year to 1 year to 2007) (a special aggravated person), the case where the commission of the crime of this case shows a public power or carries dangerous things (1 type) / The crime of this case is likely to interfere with the exercise of public power by assaulting police officers carrying dangerous things and obstructing the exercise of public power. It is deemed that the crime of this case is inferior to the nature of the crime, and that the police officers do not

However, considering the fact that the defendant has no criminal records of the same kind and imprisonment without prison labor or any other criminal records, and that his/her mistake is divided, etc. in favor of the defendant, the scope of the recommended punishment shall be considered in consideration of the defendant's age, sex, environment, motive and means of the crime, results, etc., and all the sentencing factors specified in the arguments of this case, such as the circumstances after the

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