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(영문) 인천지방법원 2016.02.17 2015고단8246
일반교통방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 8, 2015, the Defendant interfered with the traffic of 30 minutes on the road before the “C convenience store” located in the Namdong-gu Incheon Metropolitan City, Nam-gu, Seoul, and obstructed the traffic of 30 minutes by, under the influence of alcohol on the road.

2. On October 8, 2015, the Defendant who obstructed the performance of official duties was demanded to turn off the police officer F to another place after receiving a 112 report at the place described in the preceding paragraph at around 21:50 on October 8, 2015.

” 고 말하며 몸으로 위 F을 밀고, 발로 위 F을 오른쪽 정강이를 1회 걷어찼다.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of field photographs and statutes on suspect photographs;

1. Relevant Article 185 of the Criminal Act, the choice of punishment for the crime (the point of obstructing general traffic), Article 136 (1) of the Criminal Act (the point of obstructing public service), and the choice of imprisonment with prison labor;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the sentencing guidelines [the scope of the recommended sentence] the scope of the sentencing guidelines [the scope of the recommended sentence] and the scope of the sentencing guidelines for the crime for which no sentencing guidelines are set, where the basic area (six months to one year and four months) (the person who interferes with the performance of official duties and coercion of duties) is concurrent with the crime for which no sentencing guidelines are set, the lower limit is set according to the sentencing guidelines for the crime for which the sentencing guidelines are set.

2. Although it is not good that the Defendant, who was under the influence of alcohol, obstructed traffic and assaults a police officer called out after receiving a report of 112, the recognition of the instant crime and reflects the nature of the crime, the fact that there is no record of the same kind of crime or suspended execution or more, the Defendant’s age, sex, criminal conduct, environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, etc., shall be determined as set forth in the Disposition above.

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