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(영문) 인천지방법원 부천지원 2015.04.02 2015고단535
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

On March 14, 2015, the Defendant, around 03:30 on March 14, 2015, was engaged in drinking on the road by drinking alcohol on the street in front of Macheon-gu, Busan.

During that period, the first responder called up after receiving a 112 report to the effect that "any person is being used on the road" was broken out by the defendant, but the first responder failed to go back to the hospital and failed to go back to the hospital, the next 119 first responder.

Accordingly, the police officer E, who belongs to the police station D police box, met it, and asked the defendant to address his domicile in order to return home, and the defendant took the bath to the above E as “this spaw and bitch bitch bitch bitch bitch bitch,” and the defendant met the above E’s part on several occasions, and assaulted the above E’s part on the breast part on drinking, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

2. Article 62 (1) of the Criminal Act ( considered as follows):

3. Reasons for the sentencing [the scope of recommendations] of Article 62-2 of the Criminal Act of probation and community service order [the scope of punishment for the obstruction of performance of official duties] There is no basic area (6 to 1 year and 4 months) [the decision of sentence] [the decision of sentence] that the defendant has been punished as a fine for the same kind of crime, although the nature of the crime and the circumstances of the crime are not good, the defendant is completely divided in depth, and one million won has been deposited for the victim, etc., the sentence of imprisonment shall be imposed only once, and the execution of the sentence shall be suspended.

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