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(영문) 인천지방법원 2017.07.13 2017고단3706
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 April 19, 2017, around 04:10 on the second floor of the Seo-gu Incheon Metropolitan City building C, the Defendant does not become a customer even after the business has been completed.

“Absently demanded from a police officer, a police officer belonging to the Incheon Western Police Station E District Unit of the Incheon Western Police Station, who received a 112 report to the effect that he/she will return home at the site, but he/she refused to do so and the foregoing slopeF interfered with the public authority.

"I am and take a bath, I am at one time of the face of the above slope F in my own drinking.

Accordingly, the defendant assaulted the police officer in the process of the 112 reported case, thereby hindering the police officer's legitimate performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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 stay of execution (The following grounds for sentencing);

1. 【The reasons for sentencing of Article 62-2 of the Criminal Act 【the scope of the recommended sentence 【the scope of the recommended sentence 】 The area of reduction [eight months] - Special mitigated person: in case the degree of violence is minor, 【The Decision of the Sentence 【the Decision of the Sentence 【the Decision of the Sentence 】 the background of the contingency of the case, the records of fines twice, the support relationship and personality and conduct, etc. should be taken into consideration, rather than detention and isolation

shall be deemed to have been.

The amount of imprisonment for not more than four months shall be determined within the scope of the recommended punishment, but the execution of the punishment shall be suspended for a period of one year on condition of taking a course to prevent recidivism.

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