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(영문) 인천지방법원 부천지원 2015.01.06 2014고단3030
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 30, 2014, at around 05:15, the Defendant, at the “Cju place” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si B, followed alcohol to other customers, and received a 112 report, obstructed the police officer’s legitimate execution of duties regarding the handling of a report by assaulting the police officer’s 112 report by drinking alcohol to the reporter, and by assaulting the above E’s francing the francing, i.e., e., whether he reported the francing, and making a sound to the above E., i.e., whether he reported the francing, or not.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement of E and F;

1. Work log in the D Zone, each damaged photograph, and each investigation report;

1. The Defendant recognized only the part of the police officer’s breath, and denied the remainder of the facts charged, but in full view of each of the above evidences, guilty of the whole facts charged is recognized.

Application of Statutes

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Commercial Act (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009)

1. Selection of imprisonment with prison labor chosen;

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 recommendations (which shall not apply to the ordinary concurrent crimes, but shall be referred to as the sentencing guidelines) / [decision of the type] the sentencing guidelines for the obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendations] / [the scope of recommendations] 6 months to 1 year and 4 months (basic area]

2. Determination of sentence: The age, character and conduct, circumstances after crimes, etc. of the accused, such as imprisonment for eight months, two years of probation, two years of community service, the confession of the accused while committing a crime, the accused has no record of criminal punishment exceeding the fine, etc.

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