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(영문) 인천지방법원 부천지원 2014.11.27 2014고단2814
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 01:00 on August 31, 2014, the Defendant: (a) received a report from the police officer E belonging to the police station of the original U.S. police station that called “N......................, the Defendant: (b) asked the Defendant to avoid disturbance any longer while drinking alcohol; and (c) asked the said E to “S.................., the Defendant f.............., the Defendant f..............., the Defendant f............: (a) f.s.......... of the Defendant f........ of the Defendant

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a copy of the service log of the damaged photograph and DNA police box;

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 Defendant asserts to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of the above crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defendant's assertion is rejected.

Reasons for sentencing

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Determination of sentence like the order, considering the age, character and conduct of the accused, circumstances after the crime, etc., such as imprisonment for eight months, two years of probation, two years of community service, the confession of the accused and the fact that the accused has not any record of criminal punishment exceeding the fine, etc.

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