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(영문) 인천지방법원 2015.07.03 2015고단2638
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 May 13, 2015, around 00:53, the Defendant, in the front corridor located in Seo-gu Incheon, Seo-gu, Incheon, at around 00:53, received 112 reports to assault the employees of the music club, and received 112 reports to stop from E (30 years of age) belonging to the seat of the Incheon Western Police Station D District, Incheon, which called “packer” to E, “packer, spack, spack, spack, spack, spack, and spack,” and the Defendant, on his hand, interfered with the police officer’s legitimate execution of duties concerning the suppression of and investigation into the crime and investigation into the crime by assaulting the employees of drinking club E, such as assaulting the employees of drinking club, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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;

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

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. The Defendant’s decision on the sentence of this case recognized the crime of this case and reflects the fact that there is no record of the same kind of crime, and the fact that the crime of this case was committed by a police officer after receiving a report 112, which is not good to the nature of the crime, shall be considered under unfavorable circumstances, and the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.

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