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(영문) 인천지방법원 2016.01.27 2015고단7696
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 13, 2015, at around 22:10, the Defendant received 112 reports in front of the C cafeteria located in Jung-gu Incheon, Jung-gu, Incheon. On November 13, 2015, the Defendant liveded with the E breath, and dump received from the slope E belonging to the Jung-gu Police Station in Incheon, dispatched to the site after receiving the report.

As a result, the defendant interfered with the legitimate execution of duties of police officers on handling 112 reports and maintaining public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and F;

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

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

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) shall be limited to the scope of the recommended sentence [the scope of the recommended sentence];

2. In light of the facts that the defendant who was sentenced to the punishment of this case recognized the crime of this case and against the fact that there is no record of the same kind of crime and the suspension of execution or more, there is a favorable circumstance that this case committed an assault against the police officer dispatched after receiving a report of 112, and that the nature of the crime is poor, the punishment as ordered shall be determined by considering the defendant's age, sexual behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime of this case, etc.

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