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(영문) 인천지방법원 2014.11.19 2014고단6257
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 25, 2014, at around 02:14, the Defendant: (a) received a 112 report from the Southern-gu Incheon Metropolitan City Godong-gu Godong-gu 20-ro 112 that he scams without paying a taxi fee; and (b) took a bath to the Defendant, such as “Chewing scams”, who was required to pay a taxi fee and return home from the slope D belonging to the Southern-dong Police Station C District; (c) put the said D on drinking to the said D; and (d) continuously scam the scams of the said D; and (e) continuously scam the scams of the said D.

Accordingly, the defendant interfered with legitimate execution of duties concerning the control and prevention of crimes by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of statutes on photographs of damage;

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 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 the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentencing guidelines];

2. The sentence shall be determined as ordered in consideration of the fact that the defendant who was sentenced to the punishment of this case led to the confession and reflect of the crime of this case and deposited for the recovery of damage by the victim, that there is no record of suspended sentence or more severe punishment, and the age, character and conduct, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.

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