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(영문) 인천지방법원 2015.05.15 2015고단1792
공무집행방해등
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

1. On April 5, 2015, at around 09:00, the Defendant: (a) stated that “E” operated by the victim D in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, would have an employee infab, “I am well known to her head on theme of his employees; and (b) expressed a desire to her customer infab, and interfere with the operation of the said victim’s restaurant for about one hour by force, such as her desire for customers and paying expenses.

2. 공무집행방해 피고인은 제1항과 같은 일시, 장소에서 업무를 방해한다는 신고를 받고 출동한 인천부평경찰서 G지구대 소속 경찰관 H 경장으로부터 업무방해 현행범인으로 체포되어 순찰차에 태워지자, 위 경찰관에게 욕설하면서 배와 허벅지 부위를 발로 2회 걷어찼다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, H, and I;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines set forth in the sentencing guidelines [the scope of the sentencing guidelines] is that where the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (no special person) is concurrent crimes with an offense for which the sentencing guidelines set are not set, the lower limit is subject to the sentencing guidelines set in the sentencing guidelines for the offense for which the sentencing guidelines set.

2. The sentence of sentence: (a) the Defendant recognized and reflected the instant crime; (b) agreed with the victim D; (c) deposited for the police officer H; (d) the Defendant’s age, character and conduct, environment, and the instant crime.

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