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(영문) 인천지방법원 2015.09.23 2015고단4226

공무집행방해

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

On June 23, 2015, at around 00:40 on June 23, 2015, the Defendant: (a) was arrested by the Defendant from E during the process of the police box affiliated with the above police box; (b) was assaulted by the Defendant at one time at the right face of Francing the police box affiliated with the above police box at one time.

As a result, the Defendant interfered with the legitimate execution of duties concerning F and E's fine guard E, police officers, and police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The scope of punishment by law: Imprisonment for not less than one month but not more than five years;

2. The scope of recommendations according to the sentencing guidelines (decision of types of punishment) shall be limited to the crimes of obstruction of the performance of official duties, and the crimes of obstruction of the performance of official duties shall be limited to the crimes of obstruction of the performance of official duties (the scope of recommendations), which have no category 1 (special persons), from

3. Determination of sentence: The sentence shall be determined as ordered in consideration of the fact that the defendant for one year of suspended sentence for six months is recognized to commit the crime, the fact that he is dismissed in the immediately preceding workplace, the fact that he is the most supported by his young children and his spouse, the fact that he has no record of punishment heavier than a fine, and other various sentencing conditions shown in the pleadings of this case, such as the age, character and behavior, character and environment, etc. of the defendant.