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(영문) 인천지방법원 부천지원 2015.06.04 2015고단1077
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 January 31, 2015, at around 02:25, the Defendant left a taxi in front of the convenience store C located in Bupyeong-gu, Seocheon-si B without paying a fare. On January 31, 2015, the Defendant continued to incur a trial expense even when he was recommended by the police officer E to pay a taxi fee and return home after receiving the report 112.

Therefore, the police officer's 112 reports, dispositions and dispositions were properly performed by the police officer in such a way that the police officer's 112 reports, dispositions and dispositions can not move the vehicle in the manner that the police officer's 112 reports, dispositions, and dispositions were issued in violation of the Punishment of Minor Offenses Act by the police officer without standing cars.

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 to the damaged police officers' photographs, taxi charges receipts, copies of notification of payment of minor criminal penalties, copies of service log in a police box, and copies of public officials' evidentiary documents;

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

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 one year, two years of suspended sentence, community service 40 hours, and the character of the crime is not good in light of the fact that the defendant has committed a second offense without being aware of the fact that he had been punished for the same criminal offense in spite of the fact that the defendant has committed a second offense. However, under the influence of alcohol, he appears to have caused the crime of this case by contingency, and other factors such as the age, character and conduct of the defendant, conditions after the crime, etc. shall be determined as per the disposition

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