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(영문) 인천지방법원 부천지원 2015.04.08 2015고단309
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 December 26, 2014, at around 00:50, the Defendant assaulted 176-14, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, 176-14, and jusculants who were in the same line B, and reported 112, and obstructed police officers’ legitimate performance of duties concerning the handling of reported cases, etc. by committing assaulting 112.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to make statements in the police statement regarding D;

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;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] Where the degree of violence is minor in the area of mitigation (one month to eight months), [Special Mitigation] of the obstruction of performance of official duties (a decision of sentence] the nature of the crime is poor; however, the act of assaulting the police officer in the course of performing official duties is not good; however, the confession of the crime and reflects against the crime; the degree of assault is minor, etc., the punishment shall be set within the scope of Recommendation according to the sentencing guidelines and the execution of imprisonment shall be suspended.

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