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(영문) 인천지방법원 부천지원 2015.07.23 2015고단1418
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

At around 03:50 on June 16, 2015, the Defendant: (a) received 112 report that the drunk person scams and scams down at the site, and was solicited to return home from the head D and the head E, of the Bupyeong-do Police Station C District of the Busan, 1,000 U.S.A. police station, which called “I am scamse, I am scam, I am scamse, I am scams at least four times for the face of the above son; (b) the Defendant scamscams at the face of the Gyeongcheon-gu, Seocheon-gu, 2015; and (c) assaulted the Habbbbbbs at one time to walk.

Accordingly, the defendant interfered with the police officers' legitimate execution of their duties on the 112 Report and the handling of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of each investigation report, 112 Reporting case handling table, and statutes in the form of damage parts;

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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