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(영문) 인천지방법원 2015.11.04 2015고단5769
공무집행방해
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

On June 19, 2015, the Defendant sent a 112 report to the head of the police station, which was sent to the site, to the assistant E of the Seoul Mine Police Station Diplomatic Police Station, on the ground that he was sent back to the site after having been reported to the head of the c cafeteria in Gwangjin-gu Seoul, Seoul, and that he did not go to the patrol, but that he did not go to the patrol, and assault the head of the police officer at one time.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the dispatch of 112 reported police officers and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes of suspect assault photographs;

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;

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

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. The Defendant’s decision on the sentence of this case recognized the crime of this case and reflects the fact that there is no record of the suspended sentence or more, under favorable circumstances, that the crime of this case was committed by a police officer in uniform called out after receiving a report 112, and that the nature of the crime is not good, shall be considered disadvantageous circumstances, and the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.

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