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(영문) 인천지방법원 2015.04.02 2015고단35

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 19, 2014, at around 04:15, the Defendant: (a) committed assault, such as assaulting the F’s woodline and chest part of the police officer F, who continued to restrain it, on a drinking occasion, when the Defendant was requested to return home from E to the police station affiliated with the Incheon Southern-dong Police Station D District Unit, which was called “C” in front of a restaurant in the Nam-gu Incheon Metropolitan City, by receiving a report of 112 on December 19, 2014; (b) he was called “C” from the head of the police station affiliated with the Incheon Southern-dong Police Station D District; (c) there is no place to go now; and (d) he did so.

Accordingly, the Defendant interfered with police officers' legitimate performance of duties concerning patrol and crime control.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to notify departments related to the place of work in the D District and reporting the 112 Incident;

1. Article 1136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Considering that there is no past or past criminal record, and that there is no past record of criminal punishment exceeding a fine);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is minor (decision of sentence] imprisonment with prison labor for six months, suspension of execution of two years, and community service for 80 hours;