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(영문) 인천지방법원 2014.09.18 2014고단5026
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 4, 2014, at the D restaurant located in Jung-gu Incheon Metropolitan City, the Defendant: (a) instructed the police officers to return home from the police slope F (35 years of age) belonging to the Incheon Jung Police Station E-gu, Incheon Jung Police Station E-gu, a police officer assigned to the police officer (28 years of age) and the police officer (28 years of age) to return home after receiving a report from 112 of the above cafeteria operator of the cafeteria, “I will see that I will sing, sing, sing, and sing down immediately following the police officer,” and sing down the above police officer, I would like to be warned that I would be subject to punishment as a crime of insult if I continue to do so from the above police officer.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to F, G, and H

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Application of the sentencing criteria [Categories of Crimes of Obstruction of Performance of Official Duties] There is no person who has been forced to perform official duties (special and general sentencing) (the scope of decision-making and recommendation-making in the recommended area]: Six months to one year and four months;

2. Although the defendant was punished for the whole of violence, there was no previous conviction exceeding a fine, in the court, he is against his will to mislead himself, and the police officer concerned also expresses his will to the police officer, taking into account all kinds of sentencing data such as the defendant's age, character and conduct, environment, etc., and determine the sentence as ordered.

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