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(영문) 인천지방법원 2015.11.27 2015고단6516
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 September 18, 2015, at around 00:50 on September 18, 2015, the Defendant: (a) reported 112 and sent gates to 112, the Defendant: (b) Do guard, a police officer belonging to the Incheon Southern Police Station C District Unit of the Incheon Southern Police Station; (c) Dobbbbb on the bridge part of the E police officer, who was requested to return home from the E police officer on two occasions a week; and (d) Dobb on the head part of D.

The Defendant continued to arrest a flagrant offender for the foregoing reason and continued to meet the head of the foregoing D.

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. Application of each police protocol of statement to D and E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Type 1 (Obstruction of Performance of Official Duties/Compulsory Performance of Duties) (Scope of Recommendation) of the Sentencing Criteria: Six months to one year and four months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of the following various sentencing conditions, including the fact that the defendant for a year in which a suspended sentence is suspended for six months, the fact that under the influence of alcohol, he/she seems to have caused the instant crime by contingency, the fact that he/she has not been punished in excess of the fine, and the age, character and conduct, environment, motive and circumstance of the crime, and the circumstances after the crime.

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