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(영문) 인천지방법원 2015.07.17 2015고단3171

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 May 10, 2015, the Defendant: (a) around 00:04, the Seo-gu Incheon, Seo-gu, Incheon, 502 B apartment 502 road; (b) 112, while drunked the flab on the ground by cutting down the flab to the ground floor by cutting down the flab, flabing the flab, etc. under the influence of alcohol, she was urged by the police officer D, and the police officer of the Incheon Western Police Station C District Unit of the Incheon Western Police Station to return to the Republic of Korea from E, who was called out after receiving a 112 report; and (c) she was urged by the police officer D, who was called out to return to the Republic of Korea from E, she will die the same flab; and (d) the Defendant flabeded the flab’s son’s flab with his sound.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning patrol duty 112.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E, D, and F;

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

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

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 performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. The Defendant’s decision on the sentence of this case recognized the offense of this case and reflects the fact that the same criminal records do not exist, under favorable circumstances, that the Defendant committed assault against the police officers dispatched after receiving a report 112, and that the nature of the offense is not good, the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc. shall be determined as per the order.