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(영문) 인천지방법원 부천지원 2015.11.10 2015고단2768
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

On September 16, 2015, at around 20:20, the Defendant used a mobile phone called “sponch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch,” which was sent to the site after receiving a report of 112 stating that “the flch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch fch

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F and G;

1. Application of the Acts and subordinate statutes to the investigation report, the suspect cell phone photograph, the copy of the work log in the zone, and the public official identification card;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

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: The sentence shall be determined as per the disposition, taking into account the following factors: six months of imprisonment, one year of suspended sentence, one year of imprisonment, the fact that the defendant led to the confession of the crime in this case, the degree of assault in this case is not serious, the fact that the defendant seems to lead to the crime in this case by accident under the influence of alcohol, the fact that the defendant has no record of criminal punishment exceeding the fine, and the age, character and conduct of the defendant

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