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(영문) 인천지방법원 2015.08.19 2015고단3879
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 28, 2015, at C, located in Seo-gu Incheon, Seo-gu, Incheon, at around 17:45, the Defendant: (a) expressed, while under the influence of alcohol, E, a policeman belonging to the D District Police Station D District Station of Incheon Western Police Station, who was used by a person on the road and was called up on the road; (b) expressed, in order to debris the Defendant to take protective measures against the Defendant, he debris between the road and India; and (c) stated, E, “I am debling, I am. I am.” on one occasion, and “I am. I am. I am. I am. I am.” and “I am. I am. I am. I am. I will am.” and “I will am. I will am. I will am.” The Defendant interfere with the legitimate performance of police officer’s patrol duties

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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;

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 basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. Determination of sentence recognizes and reflects the crime of this case, and there is no record of punishment for the same kind of crime under favorable circumstances. The crime of this case is committed by the defendant after receiving 112 report, and the crime of this case is committed by the police officer in uniform, and the nature of the crime is not good. Considering the defendant's age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime of this case, etc., the punishment of this case shall be determined as ordered.

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