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(영문) 인천지방법원 부천지원 2015.05.20 2015고단323
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 23, 2014, at around 17:15, the Defendant obstructed the police officer’s legitimate execution of duties concerning the handling of the 112 reported case by assaulting the Defendant on the charge of assaulting F at around the above time. This interfered with the Defendant’s 112 reported case by assaulting the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement statement made to E;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the person who has been specially punished): Giving favorable circumstances: The defendant has no record of punishment for the same kind of crime: The crime of this case was committed by assaulting a police officer dispatched due to his mistake, and the nature of the crime is poor; the crime of this case was committed in light of the circumstances under Article 51 of the Criminal Code, including the fact that the crime of this case was committed by assaulting a police officer dispatched due to his mistake, and thus, the term of punishment is set within the scope of Recommendation

1. Around 16:50 on December 23, 2014, the Defendant committed assault against the victim’s right side gate and right side buckbucks due to drinking and sprinking on the street in front of the “C” located in Seocheon-gu, Seocheon-si B, Suwon-si, and on the ground that the victim F did not have any bad sprink against the Defendant.

2. Provisions of applicable provisions to the facts charged in judgment: Judgment dismissing the victim's expression of intention not to punish the victim on May 11, 2015, which is after the prosecution is instituted under Article 260 (3) of the Criminal Act (Article 327 subparagraph 6 of the Criminal Procedure Act).

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