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(영문) 인천지방법원 2014.08.28 2014고단3988

공무집행방해등

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

1. At around 01:10 on May 31, 2014, the Defendant insultd the victim by openly insulting the victim, including, but not limited to, the victim Nonparty B, who was called up after receiving the report of 112 on a non-standing passenger car 112, in the presence of a large number of unspecified people, such as taxi engineers C, witness D, etc., in the presence of a large number of unspecified people, including, but not limited to, the victim of the victim, who was called up after receiving the report of 112 on a non-standing passenger car.

2. The Defendant insulting the police officer at the date, time, and place mentioned in Paragraph 1, as seen above, and obstructed the police officer’s legitimate performance of official duties concerning the handling of 112 reported duties and prevention of safety accidents by assaulting the police officer at the scene, stating that “I am to the end where I am to the end, I am to the driver’s seat parked at the scene, and E am to prevent drinking driving accidents. However, E demanded the Defendant to leave the vehicle to prevent drinking accidents. However, the Defendant am to the said E’s chest once drinking, and interfered with the police officer’s legitimate performance of official duties concerning the handling of 112 reported duties and prevention of safety accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. Written statements of D;

1. A complaint;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 136(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 311 of the Criminal Act; and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence [Scope of Recommendation] The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution is that the sentencing guidelines are not set for the offense of insult that has no basic area (6 to 1 year and 4 months) (6 to 1 year) of the obstruction of performance of official duties, and in the end, only the lowest limit of the sentencing range is applied [decision of sentence] immediately after the day after the sentence is passed, the crime is against the crime and is divided, and there is no record of the crime except for fine one time (500,000 won) around 194, and the defendant's age, character and behavior, family environment, and the background leading to the instant