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(영문) 인천지방법원 2015.10.22 2015고단5830

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 24, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Incheon District Court on May 24, 2012, and completed the execution of the sentence on November 20, 2013.

On September 13, 2015, the Defendant: (a) around 13:25, 2015, at around 3:3025, the Defendant: (b) 112 reported that the “SYD’s “SYD’s suicide at Dong-nam” (hereinafter referred to as the “SYD”) committed suicide, which is a dangerous object for the reason that the slope F, belonging to the Incheon Southern Police Station E-gu, Incheon Southern Police Station E-gu, and called out, was collected once every time to the inside part of the F, and the Defendant took a dangerous object back to the said F, which caused damage, and obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Investigation report (D phone search for witnesses);

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning references to criminal records, copies of judgments, and current status of personal identification and confinement;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [decision of the type of the obstruction of performance of official duties] 1 category [Special Aggravation of Performance of Official Duties] - In the case of carrying dangerous objects: [Determination of the recommended area] increased area (one to four years of imprisonment] (decision of the recommended area] - In the case of aggravation of aggravated factors: Crimes during the period of repeated crimes [decision of the sentence]. Crimes using lethal weapons or dangerous objects (decision of the punishment] are crimes committed during the period of repeated crimes, and crimes using lethal weapons or dangerous objects [Article 35 of the Punishment of Violence, etc. Act (a violation of the Punishment of Violences, etc. Act (injury to collective weapons, deadly weapons, etc.)]. The sentencing guidelines set by the Sentencing Committee of the Supreme Court are considered.