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(영문) 인천지방법원 2014.11.06 2014고단6457
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 5, 2014, at around 00:15, the Defendant: (a) stated that the D’s household goods store located in Seo-gu Incheon, Seo-gu, Incheon, would have broken the Defendant, on the ground that he was found to be drunk, after having received 112 reports that he was in the street; (b) the Defendant: (c) brought the police officers of the Seo-gu Incheon, Seo-gu, Incheon, Police Station E patrol Team affiliated with the E patrol Team of the Incheon, Police Station; (d) “I ambling off the spath; and (e) I want to take the sand spathn in his place to the police officers.” (d) I am back the back of the said G’s body, she kid the back of the back of the back, she took the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the off of the back of the back of the back of the back of the back of the back of the day.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

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

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] There is no basic area (six months to one year and four months) of the obstruction of performance of official duties (the special person) [Article 62(1) of the Criminal Code] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution of Official

However, considering favorable circumstances, such as the fact that the defendant's mistake is recognized and against the defendant, the defendant has no penalty force exceeding the fine, the fact that the defendant is in physical disability 5, etc., and taking into account other circumstances, such as the background of the occurrence of the crime, degree of violence, character, conduct and family relation of the defendant, the punishment as ordered.

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