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(영문) 인천지방법원 부천지원 2014.11.13 2014고단2544
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 August 24, 2014, at around 02:05, the Defendant 112 reported calls to the effect that he was frighting from a police officer D belonging to the original police station C District, who was called up after receiving a 112-report telephone, the Defendant sent a protest to the police officer D, who was under investigation due to the suspicion of drinking driving, etc. in the said district. The Defendant followed the said D, who returned to the district and was under investigation on the charge of his drinking driving, etc. in the said district.

Therefore, as the above D was prevented, it was assaulted in a way that leads to the left face of the above D by hand, thereby hindering police officers from performing their legitimate duties in relation to the handling of 112 Reporting Cases and criminal investigation affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Simple statement of E;

1. Application of Acts and subordinate statutes to a criminal investigation report, a police officer's damaged part, a internal investigation report (on-site CCTV), a CCTV-cape screen, and a CD and a criminal investigation report;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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: Imprisonment with prison labor for six months, a stay of execution one year, a community service 40 hours, a confession of a criminal act by the criminal defendant, the extent of the assault of this case is not serious, and the criminal act of this case seems to have resulted in contingently in the criminal act under the influence of alcohol, and other matters, such as the age, character and conduct of the criminal defendant, conditions after the criminal act, etc., shall be determined as per the order

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