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(영문) 인천지방법원 2014.07.25 2014고단3711

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 May 12, 2014, at around 13:50 on May 13, 2014, the Defendant, after receiving a report from 112 to the effect that “I ambling a woman with poor body” from the front road of Gyeyang-gu Incheon Gyeyang-gu, Incheon, Gyeyang Police Station D District Unit E, which called “I ambling the F, her husband,” committed assault, such as the Defendant’s vehicle walking the back part of the E, twice.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes governing victim Esloping photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentence for recommendation];

2. The sentence shall be determined like the order, taking into account the fact that the Defendant recognized the offense of this case and the mistake is divided, the primary offender is the Defendant’s age, character and conduct, and other various circumstances attached to the sentencing conditions indicated in the records of this case, including the character and conduct of the Defendant.