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(영문) 인천지방법원 2014.04.02 2013고단6142

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2013, at around 21:00, the Defendant: (a) committed assault on the face of the police officer at one time, on the ground that (b) the Defendant, while under the influence of alcohol in the Yeonsu-gu Incheon Metropolitan City C District District, was able to report the disappearance of his family members, and (c) took a bath for about 20 minutes, and (d) the Defendant solicited a slope D belonging to the C District to go home and return home to the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties on the prevention of danger to police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [the decision of the type of punishment] The obstruction of performance of official duties or coercion [the scope of recommendation] six months or one year and four months (the basic area] [the decision of the sentence] The criminal records of assault committed by the defendant are many. However, the defendant is in profoundly against his mistake, the defendant has no record of criminal punishment heavier than the suspended sentence since 1999, the defendant has no record of criminal punishment heavier than the suspended sentence since 199, and the police officer requested the police officer to go against the defendant while pursuing a serious apology, and seek the police officer to go against the defendant, thereby reducing the scope of recommendation punishment on the sentencing guidelines above the scope of recommendation punishment on the sentencing guidelines.