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(영문) 인천지방법원 2016.01.21 2015고단7314
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2015, at around 00:30, the Defendant reported 112 on the roads in front of the Nam-gu Incheon Metropolitan City, Nam-gu B, and dispatched to the site, and the life safety of the Incheon Southern Police Station and the police officers affiliated with C, “Is the stick among the public.”

“In doing so, the Defendant fluored D’s arms to arrest the Defendant in flagrant offender, and assaulted D’s chests twice for drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Type Decision] The basic area of the first type (Interference with the performance of official duties and coercion of duties) [Determination of the recommended area]: Imprisonment for six months to one year] / four months [whether suspended execution is suspended or not] - The reason for general consideration : positive reflective reflect [decision of sentence] : The fact that there was a past record of punishment for the same kind of crime, and reflects against the order.

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