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(영문) 인천지방법원 2016.01.27 2015고단7856
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2015. 11. 19. 03:00 경 인천 남동구 C에 있는 D 주점 앞길에서 행패를 부리다가, 112 신고를 받고 출동한 인천 남동 경찰서 생활안전과 E 지구대 소속 경찰관 F로부터 귀가를 종용 받자 그에게 “ 짭새 개새끼들아. 일 처리 제대로 안 할래

Bada Doz.

The said police officer's legitimate execution of duties concerning the maintenance of order and criminal investigation was obstructed by assault, such as threatening, threatening, and arresting the police officer under suspicion of interference with the performance of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence on the sentencing criteria [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) shall be limited to the scope of the recommended sentence [the scope of the recommended sentence];

2. In light of the facts that the Defendant recognized the offense of this case as well as the fact that there is no record of punishment for the same kind of crime, this case is a intimidation and assault against the police officer dispatched by the Defendant upon receipt of 112 report, and the fact that the nature of the offense is bad, the punishment as ordered shall be determined by considering the Defendant’s age, sex, environment, motive and circumstance leading to the offense of this case, circumstances after the crime, etc.

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