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(영문) 인천지방법원 2017.12.14 2017고단7055
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 15, 2017, around 04:20 on July 15, 2017, the Defendant spawn with a female-friendly Gu in front of the old elementary school south of the 144-ro, Busan Bupyeong-gu, Incheon, and has been wraped with a woman-friendly Gu, and there is a wrap between men and women.

’ 라는 112 신고를 받고 현장에 출동한 인천 부평 경찰서 B 파출소 소속 경찰관 경사 C 이 사건 경위에 대해 묻자, ‘ 야 이 짭새 새끼야 우리 애인사이끼리 싸우는데 왜 참견이야, 저리 꺼져 이 좃 같은 새끼들 아, 저리 꺼 지라고 했잖아

Doing this son’s h, etc., with his hand, assaulted the 112 report site investigation by a police officer, etc., and interfered with a police officer’s legitimate execution of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: 6 months of imprisonment with prison labor, and 1 year of suspended sentence, the Defendant committed the instant crime by breathing the police breath while taking a bath, which led to the instant crime. In order to establish the national legal order and eradicate the light of the public authority, it is necessary to strictly punish the Defendant with respect to the crime against public authority, such as interference with the performance of such official duties.

However, the defendant recognized the crime of this case and reflects his mistake in depth, the defendant seems to have committed the crime of this case by contingently to the drunk, there is no significant criminal record other than the defendant's fine, and there is no same criminal record, and the age, sex, environment, motive, means and consequence of the crime of this case.

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