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(영문) 인천지방법원 2015.05.29 2015고단1859
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 April 8, 2015, at the defendant's house located in the Nam-gu Incheon Metropolitan City C Loans 301 on April 18, 2015, and on the ground that the police officer called up to 112 called "the 112", the defendant used D's bath to ask the defendant about the circumstances, such as "the flag, sing out, cut out, and cut out", and used D's flag to fladd's flad's flad's flad's flad's flad's flad', and flad's flad's flad's flaf

As a result, the defendant interfered with legitimate execution of duties concerning crime prevention and arrest of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. In light of favorable circumstances, the Defendant’s decision on the sentence of this case recognized the instant crime and reflects the fact that there is no criminal records equal to or higher than the suspension of the execution of the same kind and execution of the sentence, the Defendant made a 112 report and 112, and obstructed the performance of official duties by assaulting the police officer dispatched to the scene thereafter, and the nature of the crime is not good, and the punishment is determined as ordered in consideration of the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.

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