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(영문) 인천지방법원 2019.03.08 2018고단9022

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 November 23, 2018, at around 00:45, the Defendant reported on November 23, 2018, 112 on the front side of the Michuhol-gu Incheon building C, that “a person who has driven a vehicle while driving a vehicle, has broken away.” On November 23, 2018, the Defendant sent two times the back part of the head by hand when he was arrested as a flagrant offender by putting the breath of the Incheon Michuhol-gu Police Station Down-gu, Incheon, where he was called out to restrain the Defendant from taking a bath.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation and suppression of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a criminal report (famp image verification);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the obstruction of performance of official duties; and

2. Determination of sentence: The nature of the crime in light of the background of the crime in this case and the degree of assault, etc.;

In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.

However, there is no other punishment history in addition to the punishment of a fine once due to drinking driving, which leads to the confession of a crime and reflects his/her mistake.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.