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(영문) 인천지방법원 2018.07.27 2018고단4403
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 02:30 on April 13, 2018, the Defendant assaulted and frighted the Defendant in front of the Namdong-gu Incheon Metropolitan City B.

In order to confirm the statement of “A” of the person who was dispatched after receiving a report of 112 and confirmed the victim of the assault and to arrest the Defendant as the current offender of the crime of assault.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a criminal investigation report (No. 9th of evidence records);

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. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and

2. Whether or not to suspend the execution (general circumstances): - There is no serious reflection, or no criminal record of a suspended sentence or heavier.

3. As the Defendant, who was under the influence of alcohol, committed an assault, and was called out to the police after receiving a report of 112 during the 1st century, and thereby obstructing the performance of duties by having the Defendant arrested the Defendant as an offender at the present stage of the crime, the nature of the crime is very high in light of the details and mode of the crime.

In that the Defendant resisted against a police officer who was trying to arrest the Defendant for the suppression of a crime and sold the police officer directly to drink, the possibility of criticism against the crime cannot be considered to be negligible.

Even after being taken into place on the earth, the Defendant was spiting down a disturbance, such as spiting, taking a bath on the earth's surface, and thus, the circumstances after the crime are not good.

These crimes are the protection of national legal order and the functions of public authority.

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