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(영문) 인천지방법원 2014.08.28 2014고단4598

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 June 11, 2014, the Defendant received a report from the police officer C police officers belonging to the Incheon Yeonsu Police Station B Zone B, who called “here female,” and was required to return home from the police officer C police officers belonging to the Incheon Training Police Station B Zone, at around 23:09, which was 50 :00,000, to be a b3:09, Yeonsu-gu Incheon, Incheon, and was issued a notification of offense by the act of disturbance of drinking alcohol.

The Defendant expressed the above police officer’s desire to do so, and assaulted the face part of the Defendant’s body with his hand once, once by hand, once by hand, by hand, and by hand over the breast part over several times.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

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. The crime of this case, which was determined to be sentenced, was committed by assaulting a police officer in the course of performing official duties, and is not good in view of the method of committing the crime, but is judged as ordered by the disposition, taking into account the following factors: the defendant is in depth divided and reflected; the defendant's initial crime was committed; the defendant's age, character and conduct, environment, circumstances after the crime was committed; and other various circumstances, which are conditions for sentencing as shown in the records