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(영문) 인천지방법원 2016.09.08 2016고단4364
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

except that 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 July 7, 2016, at around 01:35, the Defendant reported the 112-report to the effect that “a vehicle” under the influence of alcohol would be harmful to water, and then was asked to a policeman E (the age of 27) at the Incheon Southern Police Station D District, the Incheon Southern Police Station, who was dispatched to the site upon receipt of the said report, and the Defendant abused the said E to “a bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bits, bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit bit son.” The Defendant used the bit bit bit bit son at hand, w

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to the maintenance of order in 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (declarations and witnesses' statements);

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 balance of recommendations according to the sentencing guidelines [the scope of recommendations] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of recommendations];

2. The following facts: (a) the principal offense subject to the sentence is a crime interfering with the functions of the State or public institutions; (b) the nature of the offense is not good; (c) the degree of tangible force of the Defendant’s use is relatively heavy; and (d) the circumstances after the commission of the offense are not good; (c) the criminal is divided and reflects the offense; and (d) the criminal records exceeding the fine and the fact that there are no records of the same kind; and (e) the punishment is determined as ordered in consideration of favorable circumstances; and (e) the punishment is determined as ordered in consideration of various sentencing

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