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(영문) 인천지방법원 2015.11.27 2015고단6637

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2015, at around 03:07, the Defendant, at the residence of the Defendant located in Dong-gu, Incheon, Dong-gu, Incheon, 2015, told the Defendant to be subject to notice of violation of the Punishment of Minor Offenses Act (mal disturbance) from the slope D belonging to the Jungbu Police Station C District of Incheon Jung-gu Police Station, which was called upon 112, by drinking alcohol, drinking alcohol, scaming and scaming, etc., and obstructed the police officer’s legitimate performance of duties concerning handling of the report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) (Scope of Recommendation) of the Sentencing Criteria: Six months to one year and four months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of the following various sentencing conditions, including the fact that the defendant for two years a suspended sentence of six months is against the instant crime under the influence of alcohol, the fact that the defendant seems to have caused the instant crime by contingency under the influence of alcohol, the fact that there is no same kind of criminal records, the defendant's age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime.