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(영문) 인천지방법원 부천지원 2019.10.17 2019고단2370

공무집행방해

Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On July 12, 2018, the Defendant was sentenced to four months of imprisonment with prison labor and two years of suspended execution as a result of the crime of interference with business in the Incheon District Court’s Branch Branch, and on July 20, 2018, the said judgment becomes final and conclusive and is still under suspended execution.

On July 10, 2019, around 21:25, the Defendant had been forced to become a basic recipient at the Bupyeong-si Police Station C District District District District of Busan, 2019, and had been under the influence of alcohol within the said district, on the ground that D, who was working, had been walking the above D’s bridge from several times on the ground that D, who had been working, had been able to show the Defendant out of the district, and had a face of drinking D.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to global situation service.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time);

1. Statement to E by the police;

1. Written statements of D;

1. Investigation report (related to suspect behavior);

1. Copy and place of service of victim D public official identification;

1. Mobile phone cover photographs;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (report on confirmation during the period of probation of a suspect) or other statutes;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of recommending] the basic area [the scope of punishment of recommending] 6 months from 6 months to 1 year and 6 months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, such as the circumstances described below six months in the imprisonment, and the age, character and conduct, environment, circumstances of the crime and circumstances after the crime is committed.

The favorable circumstances: The confession of the crime was made.

The misunderstanding has shown the misunderstandings.

Unfavorable circumstances: The obstruction of performance of official duties is a case where a police officer, who was performing his duties, is walking a disturbance of the police force by his own finding a police force.