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(영문) 인천지방법원 2015.01.30 2014고단9190

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 December 6, 2014, from around 03:18 to 06:43, the Defendant was aware of the face of F of the police officer, who was a police officer belonging to the Incheon Yeonsu Police Station E-gu, who was dispatched after receiving the above D-12 report (4 times in total) from the Defendant and the above D-12 report (4 times in total).

At around 07:15 on the same day, the Defendant: (a) expressed that F, who was called again after receiving a report of D 112, was isolated from D while intending to assault D; (b) expressed that F, “I am her from the beginning, she she her, she she she her, she she her, she her, and she her, she her hand, she her chest at least four times, and she she walked with the back.”

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation and prevention of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

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;

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

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentence for recommendation];

2. The fact that the Defendant recognized the instant crime and against whom the sentence was imposed is favorable, and that there was a record of being punished for the same kind of crime, shall be considered as unfavorable circumstances, and the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the commission of the crime shall be determined as ordered in light of the above circumstances.