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(영문) 인천지방법원 2014.11.03 2014고단6047
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

Criminal facts

On August 20, 2014, around 02:45, the Defendant expressed that the victim E, a police official belonging to the Incheon Southern Police Station D District Police Station, who was called out after having received a report that the Defendant did not pay the drinking value, asked the Defendant about his personal information and the circumstances of the case, and thereby, the Defendant expressed that “the victim’s face at the right side of the victim is two times at the time of drinking, and thereby interfered with the legitimate execution of duties concerning the victim’s dispatch of the report of the above E, by walking the victim’s emotional part of the said building on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the victim of violence, photographs and opinions;

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

1. The reasons for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the decision of the sentence] are as follows: (a) the first sentence of the obstruction of performance of official duties [the scope of recommendation] shall be six months to one year and four months (the basic area] [the decision of the sentence]; (b) the defendant does not have any criminal power exceeding the fine; and (c) the defendant does not reach a second sentence, and (d) the defendant shall be sentenced to the suspension of execution

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