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(영문) 인천지방법원 부천지원 2016.02.04 2015고단3521
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 14, 2015, at around 23:50, the Defendant reported to the head of the building adjacent to Gwanak-gu in Seoul Special Metropolitan City, and reported to the head of 112 that “I see that there is any danger for a person who smokes tobacco on the alleys with gas,” and that “I see that there is any danger for a person who smokes tobacco on the alleys with gas,” and Fman under his control, such as E, of the Seoul Gwanak Police Station D District, dispatched to the site.

It has received the report at present.

In the words, “Cho Fe A, Mazas, who grow up in the line of path, me, and me to see, whether or not tobacco is smoking, and assaulted three times each of the heads of the above E and the above F, respectively.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to photographs of actions in the earth area;

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

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act (The following favorable circumstances).

4. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommendation] The basic area of sentencing of category 1 (Interference with the performance of official duties and coercion of duties) [the decision of sentence from June 1 to April] (the decision of sentence] in light of the fact that the defendant had been punished for the same kind of crime even though he had the record of punishment for the same crime, again led to the crime of this case, a punishment should be imposed upon the punishment of this case. However, the defendant is in profoundly against the mistake, and deposit KRW 50,000 for the victims, etc. shall be determined as the disposition of this case.

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