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(영문) 인천지방법원 부천지원 2015.12.10 2015고단3097
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 October 23, 2015, at around 00:05, the Defendant: (a) reported 112 by a representative engineer who had taken a large number of damages on the front side of the building in Bupyeong-si, Seocheon-si; and (b) used a slope D belonging to the Busan, U.S. police station C District, which called “I would die at all times”; (c) assaulted the Defendant at one time to the right side of the left side of the said D at the time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to crime prevention, suppression and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. A photographic photo of damage and a work site for the C District;

1. Application of Acts and subordinate statutes to investigation reports (Confirmation of Non-existence of Punishment of Victims E);

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

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. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: The sentence shall be determined as per the order, considering the age, character and conduct, circumstances after the crime, etc. of the defendant, such as the fact that the defendant for six months of imprisonment, one year of suspended sentence, has been repent of being led to the confession of the crime, that the degree of the assault in this case has not been much serious, and that the crime in this case may be brought about contingently under the influence of alcohol.

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