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(영문) 인천지방법원 부천지원 2014.11.25 2014고단2514

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 June 21, 2014, at around 00:06, the Defendant was suffering from disturbance, such as drinking, drinking, drinking, and sound. Accordingly, the police officers D and E sent to the scene after receiving 112 reports from neighboring residents, and confirmed the identity of the Defendant, and forced them to contact with his/her family members at the site. While the Defendant was trying to return home with his/her family member at the site as above, he/she saw his/her own hand with the above E’s arm’s length and flat, and the Defendant avoided the above D’s face with his/her hand, and continuously interfered with the maintenance of order of police officers by assaulting his/her flating the flat, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on duty log, damage photographs, and investigation reporting;

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 (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: Imprisonment with prison labor for not less than eight months, suspension of execution two years, community service work 40 hours, the confession of the defendant while committing a crime, and the fact that the defendant seems to have caused contingent crimes in the instant case under the influence of alcohol, and other factors such as the age, character and conduct of the defendant, circumstances after the crime, etc. shall be determined as the same as the disposition.