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(영문) 인천지방법원 2015.05.13 2015고단957
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

On December 11, 2014, at around 02:00, the Defendant expressed that “A passenger shall not be under the influence of alcohol” on the road in front of the Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and expressed that “A police officer affiliated with the Incheon Samsan Police Station C District District of the Incheon Samsan Police Station would be able to grow up on the knife,” and assault the police officer’s bridge and the parts on the knife of the knife at hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who does not exist [decision of sentence] of the basic sphere of obstruction of performance of official duties (6-1-1-4 months] (decision of sentence] The defendant recognizes and reflects the crime of this case, there is no criminal record of the same kind, the fact that the defendant committed the crime of this case by drinking is more favorable, and the fact that the defendant committed the crime of this case by drinking is not good quality of the crime of this case, such as obstructing the legitimate execution of duties by police officers, shall be considered disadvantageously, and the punishment of this case shall be determined as ordered in light of the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances after the crime, etc.

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