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(영문) 인천지방법원 2018.05.24 2018고단2364
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three 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 March 23, 2018, the Defendant: (a) around the bus stops located in the south East-gu Incheon Metropolitan City, the southwest 8 degree 2, the south East-dong apartment complex; and (b) around the bus stops in front of the second south-dong apartment complex, the Defendant: (c) on the ground that, upon receiving a report from 112, the Defendant: (d) was able to see the circumstances where the bus stops assigned to the bus stops and to open the bridge outside the bus stops; (d) on the ground that (e) the Defendant was able to walk up the road and safely return back to the road, and (e) he was able to walk up the Defendant, who was diving, and (e) the Defendant was able to walk up the right-side mouth of D while taking a bath, and (e) assaulted the front part of C by drinking once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the prevention of traffic accidents.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. 【The reason for sentencing under Article 62(1) of the Criminal Act 【The scope of the recommended sentence 【the scope of the recommendation】 interfered with the performance of official duties (type 1) - Special mitigated persons: In a case where the degree of violence is minor, 【The reason and circumstances for sentencing 【The reason and circumstances of the defendant at the time of committing the crime’s situation, reflectivity light and sound power, etc., the treatment in a careful society is appropriate only once.

The punishment for three months shall be determined by imprisonment within the scope of the recommended punishment, but the execution thereof shall be suspended for a period of one year.

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