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(영문) 인천지방법원 2015.04.09 2014고단6728

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 August 5, 2014, at around 22:20, the Defendant, at around 22:20, entered a pedestrian-prohibited zone in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, in front of the office of the management of the literature tunnels, and tried to remove a machine that is deep in the chemical team. The Defendant, upon receiving 112 report, notified that he will move from D slope, a police officer belonging to the Incheon Training Police Station C District, who was called the Incheon Training Police Station, to a safe area after being removed from the slope, who was dispatched. While taking a bath to the said D slope, the Defendant, in his hand, kiddd the bridge of the D slope, and interfered with the police officer’s legitimate performance of duties concerning the report and the maintenance of public order and security on two occasions.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Protocol concerning the examination of some of the accused;

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

1. Application of the Acts and subordinate statutes for 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;

1. Reasons for the sentencing of Article 62-2 of the Probation Criminal Act [Scope of Recommendation] There is no person who has the basic sphere (6-1-1-4 months) of obstruction of performance of official duties (the decision of sentence), [6-1-1-4 months] [the decision of a person who has a special appearance] [the decision of a sentence] following the commission of the crime from the crime to the trial process immediately after the commission of the crime, but the situation is considerably poor, but it appears that the person has the time to have his own accommodation during his detention, and there is no criminal record except twice the minor fine power (192, 1992, 1997), the defendant's age, family environment, and other circumstances shown in the arguments