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(영문) 인천지방법원 2015.03.19 2014고단9047

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

1. On October 30, 2014, the Defendant interfered with the performance of official duties, at around 23:10 on October 30, 2014, the Defendant took a bath to E in the process of handling 112 reported by Jung-gu Incheon, Jung-gu, Incheon, and the second floor corridor of the building, and took place a bath to E in the process of handling the 112 report by police officers, such as: (a) he voluntarily imprising the face of E on his own drinking; (b) having avoided it by E; and (c) assaulting the Defendant’s back to his hand his arms, and assaulting his arms.

2. On October 30, 2014, at around 23:25, the Defendant damaged public documents, the Defendant arrested the Defendant as a flagrant offender in the crime of obstruction of performance of official duties at the Jung-gu Incheon, Jung-gu, Incheon, the police box affiliated with the Incheon Jung-gu, Police Station D police box. However, the Defendant teared the certificate of arrest of a flagrant offender, who is a public document, in his/her hand.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (second time);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on photograph of confirmation;

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., that there is no particular criminal record in addition to the fine, and the extent of damage and damage are relatively heavy);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Act: the second crime that has no basic field (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months) (the scope of recommendations) [the scope of recommendations] the mitigation area (1-1-8 months), the mitigation area (1-8 months), the mitigation area (1-2) of the articles that have been invalidated or destroyed (1-8 months), where the value of the articles that have been invalidated or destroyed is insignificant, the final sentencing scope due to the aggravation of multiple crimes: 6-1 year and 8 months [6-1 year and 6 months] imprisonment, one year of suspension of execution, and community service order.