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(영문) 인천지방법원 부천지원 2015.03.26 2015고단308
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

At around 02:40 on January 1, 2015, the Defendant: (a) assaulted “C” restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-si B; (b) 112, while drinking alcohol and drinking alcohol to other customers and taking a bath, she was subject to the report of 112 from the police officer E belonging to the Seocheon Police Station D District of the So-gu Police Station, called “sprinking, sprinking, sprinking,” and, (c) took a bath to the above E, the Defendant interfered with the police officer’s legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A statement of reference witnesses of the F;

1. Application of Acts and subordinate statutes to photographs of victimized police officers and work logs in the D Zone;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The Defendant asserts to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of the above crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defendant's assertion is rejected.

Reasons for sentencing

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence one year, community service work 40 hours and the extent of the assault of this case, the defendant appears to have caused contingent crimes of this case under the influence of alcohol, the defendant has no criminal record in the same kind of crime, and other circumstances after the crime is committed.

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