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(영문) 인천지방법원 부천지원 2015.09.23 2015고단2048
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2015, at around 13:00, the Defendant, upon receiving a report from a taxi engineer, who did not pay the drinking value by failing to take place even when the taxi that was boarding in Seoul was arriving on the road near the Nowon-gu Seoul Special Metropolitan City, the destination of which is the destination, and upon receiving a report from the police officer belonging to the D District of the Busan Special Police Station, sent to the site, asked the above police officer to “I must write down bit bit bit bit bit bit bit bitch bitch bitch bitch bitch bitch bitch,” and used the above police officer “I am back the bit bit bit bitch bitch bitch bitch bitch bitch bitch bitch bitch son,” and assaulted the above police officer by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding E;

1. Application of the F’s written statement to the Acts and subordinate statutes;

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. Article 62-2 of the Probation Act and Article 59 of the Act on Probation, Etc. [Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. [Article 62-2 of the Criminal Act, the defendant and his defense counsel claim that the defendant was in a state of mental disorder under the influence of liquor at the time of the crime of this case, but the records show that the defendant did not have the ability to discern things, make decisions, or lost them at the time of the crime of this case. Thus, the above assertion by the defendant and his defense counsel does not have any reason] The reason for sentencing [the scope of recommendation] is that there is no basic area (6 months to 1 year and 4 months] [the decision of sentence] [the decision of punishment of obstruction of performance of official duties, which is favorable to the defendant, all of the crimes of this case, and there is no history that the defendant has been punished beyond the fine due to the same kind of crime.]

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