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(영문) 인천지방법원 부천지원 2015.06.26 2015고단319
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 21:40 on November 20, 2014, the Defendant: (a) was arrested as a police officer D and E belonging to the police station C district unit of the original police station, who was dispatched after receiving a report from 112 to the effect that he/she had a person who had a convenience store and an assault; and (b) was arrested as an act of assault from the police officer D and E, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A detailed statement of work log in the C District and a detailed statement of reported cases;

1. Application of the photographic Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., that the defendant reflects his mistake and that the defendant has no record of punishment for the same kind of crime);

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