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(영문) 인천지방법원 2015.11.18 2015고단6464
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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

From around 19:30 on October 12, 2015 to 21:44, the Defendant issued an order of beer and beer, etc., with the Defendant, at the “Eju” located in Jung-gu Incheon, Jung-gu, Incheon, to pay KRW 224,00,00, and at all times, demanded the Defendant to pay the price from his employee. According to the 112 report received by the employee of the Emergency Level, the Defendant: (a) sent to the site of the Incheon Jung-gu Police Station G District; (b) tried to check the 112 report to the employees and the Defendant; and (c) took a bath to the said circumstances; and (d) took a beer’s chest, which was a dangerous object on the table, and carried with the head of the beer, and carried with the Defendant, thereby obstructing the Defendant’s performance of his duties; and (d) carried out the aforementioned risk of 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of H;

1. A written statement of I;

1. Application of the Acts and subordinate statutes on the site photographs and photographs, receipts, and G District Work Day;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the aggravated area (1 to 4 years of obstruction of performance of official duties) (1 to 4 years) shall show the collective power or multiple power, or carries dangerous objects (1 to 1).

2. According to favorable circumstances, the defendant who was sentenced to sentence recognized the crime of this case, deposited 3 million won for the police officer H, and the fact that there is no record of punishment for the same kind of crime, this case is likely to display a beer's disease, which is a dangerous object, to the police officer who was dispatched after receiving 112 report while being sent due to the drinking value problem.

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