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(영문) 인천지방법원 2019.07.05 2019고단3219

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 May 9, 2019, at around 23:50, the Defendant committed assault, such as her head, her chest, and her face, when he/she took a bath to the above E when he/she was sent to the scene by the superintendent of the police station of the Incheon Western Police Station D District, who was dispatched to the site after receiving 112 reports, and she took a bath to the Defendant.

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of statutes on site 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 [the scope of the recommended sentence] shall be the basic area (six months to one year and six months) of the obstruction of performance of official duties; and

2. Determination of sentence: The nature of the crime in light of the background of the crime in this case and the degree of assault, etc.;

In order to establish the legal order, crimes that obstruct the legitimate performance of police officers' duties are recognized to require strict punishment.

However, the defendant led to the confession of crime and reflects his mistake, and there was no record of punishment for the same kind of crime prior to the instant case.

In full view of the conditions of sentencing as shown in the trial process of this case, such as the character, conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, the punishment as indicated in the Disposition shall be determined.