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(영문) 인천지방법원 2019.11.21 2019고단6784

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 September 26, 2019, at around 04:20, the Defendant received 112 reports from the stairs of the fourth floor of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, that the Defendant will take a sound and incidental door, and continued the act of disturbance, such as making a mobile phone call with a large amount of for about 1 hour and 30 minutes, notwithstanding the control of police officers belonging to the Incheon Bupyeong Police Station C District, dispatched.

The Defendant brought the Defendant’s cell phone to the Defendant’s children in order to restrain the Defendant’s disturbance of the Defendant’s disturbance, and the Defendant committed assault, such as taking the above D’s left face to go to the Defendant’s children.

As a result, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs of photographs;

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 [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. As a result of the decision-making and indivation of sentence, the police officers who called out to the door of the disturbance in multi-family housing stairs room failed to comply with it, thereby obstructing the performance of official duties and obstructing the police officers from exercising violence, and the type of force used is also not weak.

However, there has been a perception that the defendant was able to repent and reflect the wrongs from the investigative agency, and has committed contingent acts in the state of interest.

The defendant has no criminal record or penalty heavier than the same criminal record or fine.

All the sentencing conditions shown in the instant records and arguments, including the above circumstances.