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(영문) 인천지방법원 부천지원 2015.04.09 2015고단311

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 23, 2014, around 22:16, the Defendant: (a) on the street in front of the “D convenience store” located in Oracheon-gu, Oragu; (b) on the street, the Defendant was subject to the police officer F of the Ora-gu Police Station E box sent to the site after receiving 112 report while drinking alcohol while taking a bath to those who walk along the road; and (c) the Defendant was subject to the control of the police officer in charge of the E box belonging to the Ora-gu Police Station: (a) the Defendant: (a) expressed that the Defendant “Iskh must grow up on a frith; (b) Ishn with tax paid; (c) Isnn the f’s chest with a hand; (d) f’s chest to stop the foregoing; and (d) took advantage of the Defendant’s legitimate treatment of the instant electric shock percussion locks by assaulting the F on the floor; and (d) deducted the Defendant from his duty to perform his duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G and H;

1. The service log of the police box, and the application of each investigation report statute; and

1. Article 136 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: The sentence shall be determined as ordered in consideration of the age, character and conduct, circumstances after the crime, etc. of the defendant, such as imprisonment for eight months, suspension of execution two years, community service work 40 hours and the fact that the defendant has mistakenly recognized and reflected the defendant's mistake, the defendant has no criminal record and has no criminal record exceeding the fine.