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(영문) 인천지방법원 2015.11.18 2015고단5779
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2015, at around 23:25, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of 112 reports by assaulting the police officer’s 112 reports, including D police officers belonging to the Incheon Bupyeong Police Station C police box sent out after receiving 112 reports, and D police officers assigned to the police officer of the Incheon Bupyeong Police Station C police station, the police officer, who was able to return home from the police officer E, by taking the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) (Scope of Recommendation) of the Sentencing Criteria: Six months to one year and four months; and

2. Determination of sentence: The sentence shall be determined as per the order, taking into consideration the following conditions for sentencing, including the fact that the defendant for one year after the suspension of the execution of six months is against the crime of this case, the fact that the defendant is deemed to have committed the crime of this case in contingency under the influence of alcohol, the fact that his health is not good, the fact that he has no record of punishment exceeding the fine, and the age, character and conduct, environment, motive and circumstance of the crime, etc. of the

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