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(영문) 인천지방법원 2015.01.22 2015고단21

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 30, 2014, at around 03:04, the Defendant reported 112 at the Defendant’s house located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and asked the Defendant questions about the developments of the assault, etc. from the police officers belonging to the D District of the Incheon Bupyeong Police Station D District of Bupyeong-gu, Incheon, which was called “A self-confisced to ask the Defendant questions about the developments of the assault, etc.” on the floor of the above E on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties such as patrol and crime regulation 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 to an investigation report (Listening to the F Telephone Statement, etc.);

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 recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and 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) (the scope of the recommended sentence];

2. In that the crime of this case, which was determined to be sentenced, leads to damage to citizens, the nature and circumstances of the crime are not good, the defendant recognized the crime in this court, and the defendant is divided. However, in the course of investigation, the circumstances after the crime are not good, such as the continuous denial of the crime, and the attitude of the investigative agency to view it, etc., and other various circumstances, which are conditions for sentencing as shown in the records and arguments, such as the defendant's age, character and behavior, and environment, are considered.