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(영문) 인천지방법원 2015.07.28 2015고단3105
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:20 on May 23, 2015, the Defendant: “D” restaurant located in Jung-gu Incheon, Jung-gu, Incheon; the Defendant was under the influence of alcohol, and the Defendant was faced with disturbance, and the Defendant was urged to return home to the site according to the 112 report of 112 employees of the above restaurant; “I will be interfered with the police officer in the event of the so-called “I will be interfered with in drinking,” and “I will be our accident,” and the Defendant interfered with the lawful performance of duties regarding the handling of the 112 reported case by F. F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and H;

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

1. Even if the Defendant was in a state of detention for the reason of sentencing under Article 62(1) of the Criminal Act, the Defendant’s choice of imprisonment is not good in terms of the form of crime, and there are many violence-related historys.

However, it is decided as per Disposition in consideration of the fact that police officers suffered a wound or received medical treatment at a hospital, and the defendant also reflects the crime of this case in depth and directly conducted it to police officers.

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