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(영문) 인천지방법원 2015.04.30 2015고단696

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 21:50 on January 15, 2015, the Defendant reported D 112 as a food problem at the “C restaurant” located in the Nam-gu Incheon Metropolitan City, and reported D 112 again to the above restaurant due to food value, and the Defendant demanded the Defendant to return home to the site by stating “Isber food value” by two police officers, such as the police officer F, etc. belonging to the Incheon Southern Police Station E-gu Incheon Police Station E-gu, Incheon, where the patrol was on duty, “Is the inside,” “Is the young path,” “Is the young mast,” “Is the young mast,” “Is the young mast,” and “Is the above 112 food and drink value,” and calculated the above 10th food and drink value.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers, such as handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to departments related to the report of 112 case;

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 of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : Type 1 (Obstruction of Performance of Official Duties/Performance of Duties) - Where the degree of violence, intimidation, and deceptive scheme is minor [Determination of the area of recommendation] mitigation area (determination of the area of recommendation), mitigation area (determination of imprisonment with labor for one month to eight months] - Where the degree of positive assault, intimidation, and deceptive scheme is minor (determination of sentence of imprisonment with labor): Where the degree of punishment is minor (determination of sentence of imprisonment with labor for four months), suspension of execution two years;