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(영문) 인천지방법원 부천지원 2015.10.07 2015고단2001
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 05:55 on July 21, 2015, the Defendant: (a) reported 112 on the front side of the Nowon-gu, Seocheon-gu, Seocheon-gu, 2015, and recommended that the slope D belonging to the House C District of the Busan High Police Station, the Defendant sent to the site after having reported 112 that “A person under the influence of alcohol fright with him/her fright and frighted him/her to return home,” and “A person was killed on the first floor of fright; (b) the police fright of the inside of fright, the inside of fright, the inside of fright, the inside of fright, the inside of fright, the fright of fright, and the breast part of fright.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes written in 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 sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has a basic sphere (6 months to one year and four months) of the obstruction of performance of official duties (the decision of sentence): Circumstances favorable to the defendant: The defendant led to the crime of this case, and appears to have repented his mistake; the defendant has no record of punishment that exceeds the fine yet yet, etc.; the crime of this case is used violence against the police officer dispatched due to his mistake; the crime of this case is not good quality; the defendant has already been punished for crimes related to drinking, and the crime of this case has already been committed without being aware of the fact that the defendant had already been punished for several times, and the degree of interference with the assault of this case and official duties, etc.; and the decision of sentence as ordered in the sentencing guidelines shall be made within the scope of recommendation guidelines by considering the circumstances under Article 51 of the Criminal Act, such as the degree of interference with the assault

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