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(영문) 인천지방법원 2015.09.24 2015고단5124
공무집행방해
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 July 15, 2015, at around 23:59, the Defendant was arrested by the police officer belonging to the Incheon Yeonsu Police Station B Zone B, who was dispatched after receiving 112 a report of the occurrence of the assault case, and was arrested by the police officer belonging to the Incheon Yeonsu Police Station B Zone B, and was in the same way of patrol while traveling along the patrol lane, the Defendant was at one time at the port of alcohol.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to damaged photographs;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The punishment as ordered shall be determined by taking into account the following factors: (a) there is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (a person who has been subject to a special punishment]; (b) there is no agreement with the victimized police officer; (c) there is no criminal record of one suspended sentence and 15 times of a fine (including seven times of violence); (d) the defendant's age, character and conduct, environment, motive and circumstance leading to the instant crime; and (e) circumstances after the instant crime.

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