beta
(영문) 인천지방법원 2019.10.17 2019고단4584

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 16, 2019, at around 00:28, the Defendant committed assaulting the Defendant to display his/her son to the face of the foregoing E face, on the road front of the first floor of the building of the Yeonsu-gu Incheon, Yeonsu-gu, Incheon, Yeonsu Police Station D District, which was dispatched after receiving a report of the disturbance of liquor cancellation.

As a result, the Defendant interfered with the legitimate performance of official duties in relation to on-site measures by the police officer's 112 report processing.

2. After the Defendant was arrested as a flagrant offender with the same content as that of paragraph (1), at around 00:40 on the same day, at the F District of the Yeonsu-gu Incheon Police Station, G et al. visiting the said district group, the Defendant expressed the victim E of the above police officer that “I ambened, bitched, bitchched, bitched, bitched, bitched, bitched, bit

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the G production;

1. Complaints of E preparation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for orders to attend lectures and orders to provide community service;

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to one year;

2. Ruling of sentence shall be made to the police officer;