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(영문) 인천지방법원 2015.05.13 2015고단879
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 00:40 on January 31, 2015, the Defendant, prior to the Busan High Police Station located in the 104-ro, Bupyeong-gu, Incheon, Busan, has a dispute with a taxi article in the name of the Defendant, and a horse dispute with the taxi article in the name of the Defendant.

In accordance with the 112 report of the above taxi article, the "police kis" is called the "police kis" who are invited to return home under the circumstances D of the position of the Incheon C District Police Station C District, the security guards, and the security guards, who are invited to return home at the site according to E, and due to the eth of the eth of the eths, the eth of the ethbbbbs D and E's face of the eth of the eths.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to written E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) Defendant recognized the instant crime and reflects the instant crime; (b) there is no criminal conviction or fine exceeding the same kind of criminal record or fine; (c) the Defendant committed the instant crime by contingency under the influence of alcohol, under favorable circumstances; and (d) the Defendant’s violation of the quality of the instant crime, such as obstructing the police officer’s legitimate performance of duties, shall be considered under unfavorable circumstances; and (e) the punishment as ordered shall be determined by taking into account the Defendant’s age, character and behavior, environment

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