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(영문) 인천지방법원 2015.03.11 2015고단283
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution due to the obstruction of performance of official duties by the Incheon District Court on September 25, 2014, and the said judgment became final and conclusive on October 3, 2014 and is still under suspended execution.

【Criminal Facts】

On January 14, 2015, around 22:33, the Defendant: (a) placed at the entrance of “Dju” located in the Nam-gu Incheon Metropolitan City, and (b) placed a police box affiliated with the Incheon Southern Police Station Eab box, which received 112 reports and sent out, and controlled the Defendant to the employees of the said main police station under the influence of alcohol, and (c) placed the Defendant at the bar of “I am, Chewing, and knife who opened the police station of the Incheon Southern Police Station,” and (d) expressed that “I am promptly and promptly, I am the chest part of the said F in accordance with the principle,” and that I am the chest part of the said F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G and H;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (a copy of judgment) and Acts and subordinate statutes;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of the punishment for the obstruction of performance of official duties: The basic area of the obstruction of performance of official duties (type 1) (referring to June to January 1) (special mitigation) (referring to special mitigation) is insignificant;

2. The Defendant was led to the instant crime during the period of suspension of execution due to the same previous and previous crimes as the Defendant’s judgment, and the Defendant was issued a summary order on December 16, 2014 (Acheon District Court Decision 201Da24543, Oct. 14, 2014) by failing to comply with the eviction on October 14, 2014, even though he/she was under the period of suspension of execution due to the said conclusive crimes, and thereafter, he/she is not well-known, such as committing the instant crime again, and other various sentencing factors, shall be determined as per the disposition.

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