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(영문) 인천지방법원 2015.11.04 2015고단5994

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

피고인은 2015. 9. 12. 23:00경 인천 동구 샛골로 214에 있는 인천백병원 응급실에서 ‘환자가 폭행하고 행패를 부린다.'라는 112신고를 받고 출동한 인천중부경찰서 C파출소 소속 경찰관인 D 경위로부터 ’진정하시라‘는 말을 듣자 '넌 뭐야!'라고 소리 지르며 손으로 위 경찰관의 뺨 부위를 1대 때렸다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. To notify departments related to first-aid services, reporting of the 112 Incident, and the application of Acts and subordinate statutes on investigation reports (CCTV video verification);

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

2. The facts that the Defendant recognized the instant crime and against whom the sentence was imposed are favorable, and that the Defendant was punished for the same kind of crime, and that the instant crime was committed by the victim, who was in prison for police officers, and obstructed the performance of official duties by assaulting the victim, and that the nature of the crime is not good, shall be considered as unfavorable circumstances, and the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.