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(영문) 인천지방법원 부천지원 2014.11.13 2014고단2517

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 July 26, 2014, at around 22:25, the Defendant: (a) was damaged in the street in front of the “C” located in Seocheon-gu, Seocheon-si B; (b) thereby obstructing the police officer’s legitimate performance of duties regarding the treatment of police officers’ 112 reports by assaulting the chest part of the said G with drinking her breast part, her hand, etc., and by assaulting the police officer G and H, who was dispatched after receiving 112 reports, to ask questions about the circumstances of the 112 report.

Summary of Evidence

1. The legal statement of the defendant and D;

1. Each police statement to G, H, I, and J;

1. Application of Acts and subordinate statutes to photographs submitted by the victimJ after photographing the damage situations, such as investigation reports, photographs, etc. at the scene of damage, copies of working days in the F District and police certificates, and photographs;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution one year, community service 40 hours, the fact that the defendant led to his confession while committing a crime, the fact that the defendant seems to have committed the crime of this case contingently under the influence of alcohol, the fact that the defendant has no record of criminal punishment exceeding the fine, the fact that the defendant deposited some money for the victimized police officers, and other matters, such as the age, character and conduct of the defendant, circumstances after the crime, etc., shall