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(영문) 인천지방법원 부천지원 2014.11.06 2014고단2181
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 June 28, 2014, at around 2:55, the Defendant, while fighting with C in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul, 2014, brought a dispute.

Accordingly, the Defendant, upon receiving the report 112, 112, took a bath to the above E, who was asked the police officer questions as to whether or not he assaulted by the police officer affiliated with the police box of the 1,00 U.S. Police Station, the Defendant interfered with the legitimate performance of duties of the police officer by assaulting the above E on one occasion by drinking the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports and work place;

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. Scope of recommendation [Determination of types of recommendation] Sentencing for crimes of obstruction of performance of official duties, obstruction of performance of official duties, and mitigation elements of Type 1 (Special Convicts): Where the degree of assault, threat, and deceptive scheme is minor (the scope of recommendation punishment) not more than eight months;

2. Determination of sentence: Imprisonment with prison labor for four months, suspension of execution one year, community service 40 hours, the confession of the defendant while committing a crime, and the police officer who suffered damage does not want the punishment against the defendant, and the extent of the assault of this case seems to be somewhat minor, and other factors such as the age, character and conduct of the defendant, circumstances after the crime, etc. shall be determined as the sentence as shown in the Disposition.

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