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(영문) 인천지방법원 2018.05.10 2018고단506
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 20:00 on January 14, 2018, the Defendant: “D,” in front of the Dong-gu Incheon Metropolitan City, “C,” when having received 112 reports, sent by the husband to the site, attempted to ask questions about the circumstances and conditions of the E police box affiliated with the E police box, and the person in charge of the report who was sent from the slope G, and obstructed the Defendant’s legitimate execution of duties to send a report by assaulting the 112.

Summary of Evidence

1. Statement by the defendant in court (Provided, That the date of the second public trial shall be the date);

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

1. Article 136 (1) of the Criminal Act concerning 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. The reason for sentencing under Article 62-2 of the Criminal Act 【Reference Criteria for Sentencing】 The basic area of interference with the performance of official duties [see, e.g., for at least six months; and commercial concurrences; consideration of the lowest limit of the recommended punishment]; 【decision of the sentence】 The legal personality and behavior or the attitude of public authority at the time of light of public authority to the extent that a police officer who restrains his or her malicious behavior committed serious harm. However, it is difficult to conclude that the detention has reached the stage of isolation of the crime and the criminal administration to the extent that he or she was selected as the sole means of edification, i.e., continuing to give medical treatment upon counsel’s counsel’s advice, his or her spouse’s guidance and support relationship, his or her history between the last ten years, his or her history of fine, his or her need to overcome certain damage, etc.

The punishment for eight months shall be determined by imprisonment within the scope of the recommended punishment, but the execution shall be suspended for a period of two years on condition of protection observation and attending for the prevention of recidivism.

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