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(영문) 인천지방법원 2014.12.18 2014고단8116
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

1. On November 8, 2014, the Defendant: (a) around 01:20 on the street in front of “D” located in Namdong-gu Incheon Metropolitan City, and (b) during the dispute with “D”, the Defendant expressed to the Defendant the reasons why G of the F District District of the Incheon Southern-dong Police Station called up after receiving 112 reports, and explained to the Defendant that he was called out by the Defendant; (b) the Defendant sent the front parking sign of the restaurant to the convenience store located in front of the restaurant; and (c) the police officer belonging to the same district group, “I am out of this son, face son, and son’s son’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h.

As a result, the Defendant interfered with the legitimate execution of duties concerning the dispatch and maintenance of order of police officers' 112 reported cases.

2. The Defendant sexually insultingd the victim as described in paragraph (1) to the police officers belonging to the same district group, who are victims, among the judiaries G and 5-6 general citizens belonging to the F District of the Incheon Southern Police Station, which was dispatched after receiving a report of 112, at the time and place described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes of E;

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, Article 311 of the Criminal Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria (Crime of Obstruction of Performance of Official Duties at the Time of Sales) [Crime of Obstruction of Performance of Official Duties] There is no person who has forced (special and general sentencing) to perform official duties. [Scope of decision and recommendation field] Basic area: Imprisonment with prison labor for up to six months and up to one year and four months;

2. Determination of sentence:

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