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(영문) 인천지방법원 부천지원 2015.01.09 2014고단3095

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

At around 22:40 on September 25, 2014, the Defendant: (a) heard the police officer D at the office of the Defendant, 22:40, 312, and 401, which called, “to record the scene by a cellphone” from the police officer D belonging to the Yongsan Police Station, who called out after receiving the report 112 of domestic violence; and (b) took a bath to said D, “to record the scene by a cellphone,” and assaulting the police officer D on the back of the said D’s 112 reporting case, thereby obstructing the police officer’s legitimate execution of duties.

Summary of Evidence

1. Defendant's legal statement;

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

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (General circumstances, such as the confession of a crime and the reflective fact, and the absence of any record of punishment exceeding the fine);