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(영문) 인천지방법원 부천지원 2015.12.10 2015고단3042
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On December 20, 2013, the Defendant was sentenced to a suspended sentence of two years for the crime of obstruction of performance of official duties at the Changwon District Court, which became final and conclusive on December 28, 2013, and is currently under suspended sentence.

【Criminal Facts of Crimes】 On November 15, 2015, the Defendant 18:40, at the entrance of the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the 112 patrols, deemed that D (49 years of age) belonging to the Seocheon-gu, the Seocheon-gu, the Police Station C District, which was on the 112 patrols, was seated inside the patrol vehicle, and without any justifiable reason, went to the police station as to whether he was seated at the seat of the patrol vehicle, and did not go to go to the police station at our tax. The Defendant saw that “I will go to go to the front, and will go to go to the front.” As head was removed from the police station, the Defendant sawd that “I will do so so. I do so. I do so. I do so, do see it, and do so, spathn, and plick up the police blag, etc., and plal the police officer’s hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in 112 patrols.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Photographss of damaged parts of the victimD, and motion pictures taken on the spot;

1. Previous convictions: Application of criminal records, investigation reports (referring to the filing of criminal records and summary records of cases during the period of suspension of execution of sentence, inquiry of criminal records, judgment, previous convictions, and binding of written judgments);

1. The punishment shall be imposed by taking into account the relevant Article of the Criminal Act, Article 136(1) of the Criminal Act, the reason for sentencing of sentence for the choice of imprisonment [the scope of recommendation], the basic area (six to one year and four months) of the obstruction of performance of official duties (the decision of sentence] [the decision of sentence], the defendant committed the instant crime during the suspension period of execution of the same kind of crime, and the fact that the same record of the instant crime can be seen.

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