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(영문) 인천지방법원 2014.07.03 2014고단3844
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 June 1, 2014, around 00:32, the Defendant, at the Incheon Gyeyang Police Station parking lot located in Gyeyang-gu, Incheon Gyeyang-gu, Incheon, where he/she was reported as a taxi engineer, and received notification of penalty payment for the reason of free-riding from the slope E belonging to the Incheon Gyeyang Police Station D District of the Incheon Gyeyang Police Station, and received notification of penalty payment for the reason of free-riding, the Defendant obstructed the police officer’s legitimate execution of duties concerning crime prevention and maintenance of order, such as assaulting the said E’s chest on his/her hand at his/her request for returning home from the above E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged parts, notices of penalty payment, and CCTV photographs of the scene of the case;

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 (Crime of Obstruction of Performance of Official Duties at the Time of Sales) [Crime of Obstruction of Performance of Official Duties] There is no person who has forced (special and general sentencing) to perform official duties. [Scope of decision and recommendation field] Basic area: Imprisonment with prison labor for up to six months and up to one year and four months;

2. In light of all the sentencing data, the Defendant, who was sentenced to punishment for the same previous offense around 2010, was sentenced to punishment for the same offense. However, in full view of all the sentencing data, including the fact that the Defendant, while living under custody for one month as a result of the instant crime, was living under custody in depth, the Defendant raises two minor children by divorce and is not in good economic condition, and does not inflict any serious bodily harm to police officers, and the Defendant’s children want to take the Defendant’s wife, the sentence shall be determined as per the order.

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