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(영문) 인천지방법원 2017.01.20 2016고단8825
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

On November 19, 2016, at around 00:38, the Defendant: (a) sent a vehicle parked around Incheon Gyeyang-gu, “C” in Gyeyang-gu, Incheon; and (b) reported the Si cost to those passing through, 112.

As a result, the police officer E belonging to the Incheon Gyeyang Police Station D police box, and the person F was under the influence of alcohol, and the defendant was under the influence of alcohol, and the defendant's work club fee, together with the defendant, requested the above E, etc. to return home to the defendant.

Accordingly, the above E, etc., when carrying the Defendant at the back of the patrol patrol post, arrived before the Incheon Gyeyang Police Station D police station located in G on the same day, and the Defendant was able to draw up by causing the Defendant with the above E, “Cr.,” while taking a bath to be “C.,” and thereafter, the Defendant was able to walk back the above E’s right bridge at one time while walking back from the patrol post, and then, the above E was able to bring back to the back to the Defendant in order to relieve the Defendant. In doing so, the above E took a bath to be called “C.,” and the above E was able to take one time at the right time.

As a result, the defendant interfered with the legitimate execution of duties to protect the lives and bodies of the police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [decision of sentence] of the basic area (the defendant is recognized] of the defendant, the defendant is the primary offender, and the defendant's age, sexual behavior, environment, motive and circumstance of the crime, the circumstances after the crime, etc. are considered, and all the conditions of the sentencing mentioned in the records and arguments of this case, such as the records of this case and the changes.

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