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(영문) 인천지방법원 2015.04.13 2015고단465
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

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

Reasons

Punishment of the crime

On November 3, 2014, at around 15:15, the Defendant, at around 15:15, sent a 112 report to the company bank located in Bupyeong-gu Incheon Bupyeong-gu, demanding to withdraw money from the company bank, and collected the password of the company C, who is an employee, and assaulted the Defendant, such as her head, who was dispatched from the slope E belonging to the Incheon Samsan Police Station D District Unit E, which was called “I must do so, Doz., who is a police officer, and walked on the bridge part.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of police officers' order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. C’s statement;

1. Application of statutes on photographs of damage;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The ground for the sentencing of Article 62(1) of the Criminal Code / [Scope of Recommendation] Where the degree of assault, intimidation, and deceptive scheme is minor (special mitigation) [decision of sentence] the defendant is the first offender, confession, and reflects that the defendant is the first offender, while the nature of the crime of the crime of this case is not good, and all of the various sentencing factors such as the economic situation and health conditions of the defendant, and the circumstances of the crime shall be determined as per the disposition.

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