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(영문) 인천지방법원 2015.03.19 2014고단8269

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 of the final judgment.

Reasons

Punishment of the crime

On October 21, 2014, at around 23:57, the Defendant: (a) reported 112 on the street in front of the Bupyeong-gu Incheon Bupyeong apartment, Bupyeong-gu, 37 Dongdong apartment, 8 Dongdong apartment; and (b) carried the Defendant who was a police officer belonging to the Incheon Bupyeong Police Station C District, which was called the police officer belonging to the Incheon Bupyeong Police Station C District, and (c) carried the Defendant who was diving by getting on the string of the taxi, and was able to shake the said police officer; (b) brought the Defendant at the taxi, she took a bath to read “flag, Chewing flabk,” and lowered the cab, she set the flab by blocking the front of the patrol, flab the head with the flab, and flab, 4 times the chest and shoulder part, etc. of the said E, and flabing the said flab by means of assault and assault against the said D.

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. Statement to E by the police;

1. Written statements of D;

1. The application of Acts and subordinate statutes to the field report on the dispatch of violent incidents, and the compilation data of black stuffs;

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 of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] : Category 1 (Obstruction of Performance of Official Duties/Performance of Duties) - Where the degree of violence, intimidation, and deceptive scheme is minor: In cases where there is a large number of damaged public officials [decision of the recommended area] basic area (decision of the recommendation area between June and a year four months] - Where the degree of positive assault, intimidation, and deceptive scheme is minor - Where the degree of positive assault, intimidation, and deceptive scheme is minor - Reasons for general participation is minor - not less than twice a sentence of imprisonment [decision of the sentence] 8 months and suspension of execution 2 years;