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(영문) 인천지방법원 부천지원 2016.11.29 2016고단2859
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 7, 2016, at around 16:10, the Defendant received 112 reports in front of the Seocheon-gu, Seocheon-gu, Seocheon-si B, and solicited the Defendant to return home to the Defendant who was under the influence of alcohol, who was a victim of the D Zone D District Unit of the Seocheon-gu, Seocheon-gu, Police Station D District, which was called the victim of the Sincheon-gu, Seocheon-gu, 2016, and obstructed the Defendant’s legitimate execution of duties against the police officer’s 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation reports, and the application of statutes governing the place of work in the D District;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area (six months to one year and four months) of the types of the obstruction of performance of official duties according to the sentencing criteria;

2. The crime of this case by which a sentence of sentence is to be sentenced is deemed not sufficient to obstruct a police officer’s legitimate execution of duties by assaulting a police officer;

However, the same sentence as the order shall be determined in consideration of the factors of sentencing favorable to the defendant, such as having no record of criminal punishment exceeding the fine, the favorable factors of sentencing, such as the age, character and conduct of the defendant, and circumstances before and after the crime, etc., and all other circumstances

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