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(영문) 인천지방법원 2014.12.24 2014고단7118 (1)
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 03, 2014, at around 07:10, the Defendant: (a) sent a road, such as E, F, and Si expenses, before and after reporting 112, sent to the scene by the police officer of the Incheon Southern Police Station G District He, who was a police officer of the Incheon Southern Police Station, arrested D as a assault suspect, and prevented the Defendant from carrying D from carrying D her face into the patrol vehicle; (b) the Defendant took the bath view that “this spati, small spati, and small spati, are the correction of spati.” The Defendant also arrested the flagrant offender of the above case as a flagrant offender, and the Defendant sent him as the head of the instant case was frighted to G belt in the south-gu Incheon Metropolitan City, and the Defendant continued to do so by assaulting his face to G belt immediately after that time, and the Defendant sent the h her face to the above h h spati and the above h h spati.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and H

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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 the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentence for recommendation];

2. The facts that the defendant who was sentenced to the sentence of this case led to confession and reflect on the crime of this case shall be considered as favorable circumstances, and the fact that the defendant committed the crime of this case without being aware of it during the period of suspension of execution shall be considered as unfavorable circumstances, and the punishment shall be determined as ordered in light of the defendant's age, character, environment, motive and circumstances leading to the crime of this case, and circumstances

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