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(영문) 인천지방법원부천지원 2020.11.25 2020고단3832

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On August 15, 2020, the Defendant expressed that, around 21:45, the police officers sent out after receiving 112 reports about C and parking problems residing at the lower house of the Defendant, the Defendant expressed that C and their wife “C” should be called as “C and C” in front of the police officers sent out after receiving 112 reports, and the Defendant expressed that “C and their wife will be removed from E at the border located in the D Zone at the Seocheon-si Police Station D District, the Defendant expressed that the above E will be called as “Ische, Ispath, Is, and Ispath, Is, Ispath, Is, and spathing the above E’s chest on four occasions on his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Application of Acts and subordinate statutes to photographs of suspects and victims at the time of arrest;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of punishment by law: Imprisonment for not more than five years;

2. Scope of recommending sentencing criteria: Imprisonment with prison labor for six months - one year and six months.

(a) Basic crime: Crimes of obstruction of the performance of official duties (Crime of Obstruction of the Performance of Official Duties, Obstruction of the Performance of Official Duties, Type 1), 6 months to 1 year and 6 months (Basic Area): None;

3. Determination of sentence: Imprisonment with prison labor for ten months, suspension of execution for two years and six months, and obstruction of performance of social service duties are crimes that put the police in danger of protecting the lives and property of the people by nullifying legitimate exercise of public authority;

Upon receipt of a report 112, the Defendant assaulted a police officer with smuggling, such as his chest and face, and flaps.

In addition, even though the defendant has been punished as a same crime, his responsibility is not weak.

However, the defendant is recognized to commit the crime, and the police officer is injured.