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(영문) 인천지방법원 2014.05.20 2014고단1955
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 February 28, 2014, around 21:12, the Defendant: (a) received 112 report from the main point located in the Nam-gu Incheon Metropolitan City “C” located in B, and confirmed the personal information of the Defendant; (b) the police officer belonging to the Incheon Southern Police Station D District Unit of the Incheon Southern Police Station verified the personal information of the Defendant; (c) took a bath to the said E; and (d) took a drinking part of E twice.

As a result, the Defendant interfered with legitimate execution of duties concerning the on-site dispatch of 112 Report Police Officers E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

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

1. The scope of the recommended sentence based on the sentencing guidelines [the scope of the recommended sentence] the obstruction of performance of official duties, the first category, the basic area, June to April; and

2. In full view of the following circumstances: (a) the Defendant’s decision to punish a person who has committed a crime of injury in depth: (b) the Defendant was sentenced to a fine of one million won for the crime of injury after 2002; and (c) the Defendant’s age, character and conduct; and (d) the conditions for sentencing, including the circumstances after the crime, shall be determined as per Disposition.

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