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(영문) 인천지방법원 2014.10.30 2014고단6038
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2014, at around 21:45, the Defendant used a 112 report from Gyeyang-gu, Incheon, Gyeyang-gu, Incheon, for the Defendant, who was under the influence of alcohol and used a breath to go to his house, and used the Defendant’s breath of bitch of the Gyeyang Police Station D Zone E, which was under the influence of alcohol. In doing so, the Defendant used a breath of bitch of this bitch, “this breath of the bitch bitch of the bitch of the bitch bitch of this mae,” and used a breath of “the bitch of this Chewing bitch,” and used a b

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. Application of Acts and subordinate statutes on police statement to E;

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. Application of the sentencing criteria [Categories of Crimes of Obstruction of Performance of Official Duties] There is no person who has been forced to perform official duties (special and general sentencing) (the scope of decision-making and recommendation-making in the recommended area]: Six months to one year and four months;

2. The punishment shall be determined by leaving the lower limit of the sentencing criteria, taking into account the circumstances, such as the fact that the defendant is against his/her will, there is no previous department, and there is no previous criminal record exceeding the fine, although the punishment is not good;

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