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(영문) 인천지방법원 2016.09.22 2015고단8065
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2015, at the D District District in Seo-gu Incheon, Seo-gu, Incheon, the Defendant: (a) received a report from the Defendant, under the influence of alcohol, that the Defendant would pay the taxi fee and return home from E affiliated policemen belonging to the D District; (b) sought to assault a taxi driver under the influence of alcohol even after paying the taxi fee, and (c) continued to stop the foregoing E, and enter the said E to stop it and correct the Defendant; (d) took a bath against the said E; and (e) took a drinking house; and (e) prevented the Defendant from taking it.

D Rabing F's right clothes to the right edge of F on one occasion, it interfered with the legitimate execution of duties by the police officers on the other hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes governing CCTV photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) is nonexistent;

2. A sentence shall be determined as ordered in consideration of favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, in consideration of the fact that the Defendant has been sentenced to criminal punishment not only six times but also the fact that he/she has been sentenced to a fine for the same kind of crime, etc., and that he/she appears to have reached a contingent crime during his/her main action, etc., and such punishment shall be determined as ordered in consideration of all the sentencing conditions

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