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(영문) 인천지방법원 2015.09.23 2015고단4784
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 3, 2014, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) at the Incheon District Court, and completed the execution of the said sentence on January 15, 2015.

On July 28, 2015, the Defendant came to the second floor located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, the Defendant, along with D, a police officer of the police station of Bupyeong-gu, Incheon, who was dispatched after receiving a report of 112 from the time he was under influence of alcohol, and was called to the emergency room in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

At around 13:55 on the same day, the Defendant expressed D’s bath to D, “Anytime, frighting, frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting, frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting frighting

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records: Criminal records, previous records of dispositions and report on results of confirmation, and application of Acts and subordinate statutes concerning investigation reports (Attachment to relevant judgments);

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the sentencing guidelines for recommendation [Scope of the sentencing guidelines] the aggravated area (1 to 4 years) of the obstruction of performance of official duties (1 to 4 years).

2. The sentence shall be sentenced in consideration of the fact that the defendant who has been sentenced to criminal punishment for the same kind of crime has committed the crime in this case, and has committed the crime in this case, and is under the period of repeated crime.

However, the punishment as ordered shall be determined in consideration of the fact that the defendant recognized the crime of this case, the nature and conduct, the environment of the defendant's age, the motive and circumstances leading to the crime of this case, the circumstances after the crime, etc.

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