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(영문) 인천지방법원 부천지원 2015.12.29 2015고단3027
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

At around 00:50 on October 4, 2015, the Defendant: (a) committed assault on the front side of the Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul; (b) on the road of the Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City road traffic control department B, who was under drinking control without any reason, to take a drinking control site in his mobile phone camera; (c) the above B refers to “a person exposed to drinking control is taken along with his cell phone camera, and affixed a distance away; and (d) the Defendant committed assaulted the parts of the elbow as his hand.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. C’s statement;

1. Application of the Acts and subordinate statutes to each internal investigation report, public official identification card, designation mark for commuting to traffic, each investigation report, and photographs (fafash of dynamic images);

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, community service, 80 hours, the confession of a criminal act and the degree of the assault of this case, the degree of the assault of this case seems not to be serious, contingently resulting in the crime of this case under the influence of alcohol, and the defendant has no criminal history exceeding a fine, and other punishment shall be determined as per the order, taking into account the age, character and conduct of the defendant, circumstances after the crime, etc.

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