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(영문) 인천지방법원 2016.10.06 2016고단5575
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 became final and conclusive.

Reasons

Punishment of the crime

On August 13, 2016, at around 00:0, the Defendant expressed a bath to E, a police officer belonging to the Incheon Southern-dong Police Station D police station, who was dispatched to the site after having received a report of 112 that he frank a fright, and sent to the scene, that he franked, and that he flabeded “Nely contracted, flabed,” and “Is the flab,” and that “Is the flab, Is the flab, and all flab, Is the flab of E, who was demanded to return home from the above E, flabed with a flab, with a flab, flabing a flab, and flabed with a flab, who was demanded to go home from the said E.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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. Application of the sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. Although the determination of the sentence of obstruction of performance of official duties should be strictly punished in order to establish the public authority and legal order, the fact that the defendant acknowledges and reflects his mistake, that there is no record of punishment for the same kind of crime, and that the defendant seems to have committed contingent crimes under the influence of alcohol shall be considered in favorable circumstances, and the punishment as ordered shall be determined by taking into account all the factors of sentencing, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime.

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