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(영문) 인천지방법원 2017.03.02 2016고단8321
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

피고인은 2016. 10. 29. 01:40 경 인천 남동구 C 아파트 나 동 앞에서, 앞서 ‘ 여성이 소란을 피운다’ 는 112 신고를 받고 출동한 인천 남동경찰서 D 소속 순경 E로부터 귀가를 요구 받자, " 씨 발, 내가 뭘 잘못했는데, 경찰관이면 다냐

"In the face of the above E with his hand, the shoulder of the E was tightly pushed off and walked once with his back, so that he could interfere with the legitimate execution of duties concerning the on-site dispatch work.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) is nonexistent;

2. The sentence shall be determined as ordered in consideration of favorable circumstances, such as the fact that the defendant, who has been subject to approximately three times criminal punishment due to violent crimes, shows a reflective appearance, deposit of a certain amount for the victim, and the fact that there is no record of punishment for the same kind of crime, etc., and the punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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