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(영문) 인천지방법원 2019.07.17 2019고단2978

공무집행방해

Text

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

except that 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 April 20, 2019, the Defendant: (a) around 04:13, within the building of Nam-gu Incheon Metropolitan City, the fourth floor, and the C main points located in the fourth floor; (b) the Defendant, upon receiving a report from 112, sent to the site by a drunk customer, would like to pay the drinking value from E (Nam, South, and 33) who is a police officer belonging to the Incheon Southern Police Station D Zone D District, which called the Incheon Southern Police Station, called the site, and would be urged to return home; (c) as the Defendant would take a bath to the victim, he fright a drinking, and interfere with the legitimate performance of duties of the police officer by threatening E, such as selling arms in the victim’s item, and taking a beer’s disease on the table.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Determination of Punishment] The scope of the obstruction of the performance of official duties [Class 1]/ the coercion of official duties (the scope of recommendations and recommendations] of the person who has no person who has been subject to the obstruction of the performance of official duties], the basic area (the scope of recommendations and recommendations], six months to one year and six months;

2. The Defendant, who was sentenced to sentence, directly contacted a police officer with his body and tried to gather beer disease, etc.

The form of action is dangerous.

However, it appears to be a contingent crime, and the above behavior was immediately terminated due to the pressure of police officers.

The defendant is against himself while making a confession of crime.

The defendant has lost the eyesight of the snow so that he/she can suffer from visual disability, and his/her body and mental health is not good, such as receiving treatment for depression and alcohol addiction.

After the divorce, the married child is raising, and the child is currently being hospitalized due to the 8-year framework of the breath of the 8th century, and the defendant has taken care of the child.

There is no criminal record for the defendant.

In full view of the above circumstances, the punishment as ordered shall be determined as above.