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(영문) 인천지방법원 2015.11.11 2015고단4659
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 14, 2015, at around 21:40, the Defendant: (a) boarded the top of the D bargaining vehicle driven by C, the wife, and was in his residence; (b) on the ground that C went back to the remote distance of the Bupyeong-gu Incheon Bupyeong-gu Office, and went back to the human way, the Defendant assaulted C at one head.

At around 21:50 on the same day, the Defendant was asked from the E District security guards F to ask questions as to whether he/she has committed assault against C, at No. 112 in the Nowon-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 189, 4, the Bupyeong-gu, Bupyeong-gu, Incheon, 189, and was dispatched by the E District security guards F.

In addition, the Defendant avoided the assault against F from the E District patrolman G, and the Defendant her fingered the chest part of G with two descendants, 2-3 tightly pushed off, and her fingers into G with the hand floor.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to C, G, and F

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The scope of the final sentence due to the aggravation of punishment under Article 62(1) of the Criminal Act for the reasons for the sentencing of Article 62(1) of the Act on the Suspension of Execution [the scope of the punishment of recommendation] that there is no basic area (6 to 1 year and 4 months) (the scope of the punishment of recommendation] (6 to 1 year), the basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of the punishment of recommendation] (6 to 2 years) (the special person), the basic area (6 to 6-2 years) (the decision of sentence) (the decision of sentence], the fact that one's mistake is recognized, the fact that one's mistake is against it, the fact that the crime of this case was committed in a contingency under the influence of alcohol is favorable, and that the quality of the crime is not good in light of the method of crime, etc. shall be considered as unfavorable circumstances.

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