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(영문) 인천지방법원 2015.02.27 2015고단23

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

On December 23, 2014, around 00:20 on December 23, 2014, the Defendant, who promised marriage at D’s residence located in Jung-gu Incheon, Jung-gu, Incheon, 201, was a Sivic, and was in dispute with D. Accordingly, D reported 112.

The Defendant committed assault, on the ground that the police officer F, etc., who was a police officer of the Incheon Central Police Station E District E District Unit, dispatched to the site after receiving the above 112 report, recommended the Defendant to return home, and the Defendant was under the influence of alcohol, such as a sudden loss, etc. one time by his own hand, and the Defendant continuously committed assault, such as making his son’s son’s son’s son’s son

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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 fact that the Defendant recognized the instant crime and against whom the sentence was imposed is favorable is that the Defendant committed the instant crime, and the fact that the Defendant committed the instant crime even though he/she had been punished for the same kind of crime, shall be considered at a disadvantage, and the punishment shall be determined as ordered in light of the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances after the commission of the crime.