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(영문) 인천지방법원 부천지원 2015.10.15 2015고단2435
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 August 16, 2015, the Defendant: (a) asked the Defendant, who was found in the zone B located in Bupyeong-gu, Seocheon-gu, Seocheon-gu; (b) asked the Defendant, who was found in the zone D, with a taxi engineer, whether he had a son’s work in the taxi; (c) took a bath, “n't son, his superior, Madra, Madro,” and laid the things on the floor in his bank; and (d) took the voice “a kn't be on the floor,” and “a kn't be on the floor, a kn't bet the face of the above D, who prevents him from taking advantage of it, and assaulted the quih, who will put him in arms, and face.

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. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports, on-siteCCTV images, damage photographs, and copies of public official identification cards;

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 following factors: six months of imprisonment, one year of suspended sentence, one year of imprisonment, the confession of the defendant while committing a crime, the fact that the defendant seems to have committed the crime in this case by contingency under the influence of alcohol, the fact that the defendant has no record of criminal punishment exceeding the fine, and the age, character and conduct, circumstances after the crime, etc.

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