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(영문) 인천지방법원 부천지원 2020.01.16 2019고단2860

공무집행방해

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 27, 2019, at around 20:20, the Defendant: (a) received 112 report from the police officers belonging to the C District that customers fright to walk, and requested them to stop and return home; (b) however, the Defendant continued to fright to fright to fright and fright to fright to request a summary judgment from the slope D belonging to the C District Zone; and (c) went away from his own site to fright to fright to request a summary judgment from the slope D belonging to the C District Zone; and (d) obstructed the proper performance of public duties by the police officers with regard to the police officers’ 112 report handling duties by fright to fright to fright the front of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. A report on investigation;

1. Application of Acts and subordinate statutes to notify the processing of 112 Reporting Cases;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of recommending] the basic area [the scope of punishment of recommending] 6 months from 6 months to 1 year and 6 months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of the instant case, including six months of imprisonment, the background of the crime for a period of two years of suspension of execution, the form and degree of obstruction of performance of official duties, whether plan is planned, the first offender, the confession of the crime, the fact that the mistake is divided, the age, character and conduct, environment and circumstances after the crime, etc.