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(영문) 인천지방법원 2020.05.15 2020고단1339

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

On November 18, 2019, at around 06:10, the Defendant was under the influence of alcohol in front of the C Hospital located in Yeonsu-gu Incheon Metropolitan City, and did not pay the taxi fee to D, who is a taxi driver, and received a request for returning to the taxi by the police officer E belonging to the Incheon Training Police Station after receiving the 112 report, and received the request for returning to the taxi. As such, the Defendant assaulted the above E, such as walking the right bucks.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] there is no person subject to the coercion of official duties] (the scope of recommendations and recommendations] basic area, six months to one year and six months;

2. The sentencing conditions stated in the records of the instant case, including the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by considering the following factors: