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(영문) 인천지방법원 부천지원 2017.04.28 2017고단248
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 3, 2016, 2016, the Defendant was prevented from putting someone in front of his house in front of his house after receiving a report from 112, stating that “I am in front of his house,” and called “I am in front of the house,” and called “I ambling the fat of G from the person who was reported to the police station Down-gu Police Station D, Seocheon-gu, Seoul, and F, the Defendant was forced to do so.”

The term “E” refers to “one-time knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn, and obstructed the patrol vehicle in order to prevent anyone from being issued a penalty payment notification due to the violation of the Punishment of Minor Offenses Act from getting off the patrol vehicle.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. G statements;

1. A criminal investigation report (a mobile phone image investigation of a police officer on the spot) and a criminal investigation report;

1. A notice of penalty payment, a list of reports filed in the 112 case, and a place where D district reserve works;

1. Recording notes;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 person who has no basic area (from June to one year and six months) [Special Sentencing Decision] [Judgment of sentence]: A defendant has exercised violence against a police officer who makes a legitimate performance of official duties; the nature of the crime is not good; circumstances favorable to the fact that the crime is not agreed with the victimized police officer; recognition of and reflects the crime; the fact that there was no record of punishment for the same crime; records and changes, such as the motive and background of the crime; the means of the crime; and the circumstances after the crime, etc., shall be determined as per the order by taking into account all the various kinds of sentencing conditions indicated in the theory of records and changes.

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