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(영문) 인천지방법원 2015.05.07 2015고단691
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 20:00 on January 27, 2015, the Defendant used the following: (a) in front of the Seo-gu Incheon Metropolitan City multi-family house; (b) the police officer’s slope E, etc. belonging to the Incheon Western Police Station D District Unit of the Incheon Western Police Station, a police officer sent out after receiving a report of 112 to check the gambling and did not confirm the gambling, and (c) the police officer’s slope E, etc. failed to continue to perform the patrol duties; (d) obstructed the front of the above police officer; (e) obstructed the police officer by hand; (e) continuously towed the flaps; and (e) assaulted the police officer’s sect, etc. due to the weather.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and patrol duties.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes concerning police statements to E;

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. Reasons for the sentencing of Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] The obstruction of performance of official duties shall be decided as per Disposition on the grounds that the first category [the scope of recommendation and recommendation] basic area], the six-month and one year and four months [the suspension of execution], the six-month and one year and four months [the reason for general reference] - The reason for general reference is not less than two negative two times or more: criminal records of suspended execution - the reason for general reference: the affirmative reflect defendant's detention entails excessive difficulty to his family members [the sentence] 6 months, the suspension of execution 2 years, and community service 80 hours or more.

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