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(영문) 인천지방법원 2020.09.15 2020고단6833
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 July 5, 2020, at around 01:52, the Defendant, within the main point in Michuhol-gu Incheon Metropolitan City, sold the right face of D on the hand floor on the ground that, within the main point in Michuhol-gu, Incheon, the main store operator and Si expenses were the problem of the payment of alcoholic beverages, and that, after receiving 112 reports, the Defendant signed the card device to pay the alcohol value" from the slope D belonging to the Incheon, Michuhol Police Station C box of the Incheon, which was called up after receiving the report, and received several recommendations for the settlement of alcoholic beverages, the Defendant sold the face of D once.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the cash of the suspect in possession of each police statement of D or E, and photograph of a slope face (which is left in front of the face);

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

1. Scope of applicable sentences under the Act on the Grounds for Sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "contributative circumstances") : One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended sentence: The crimes of obstruction of performance of official duties need to be done solemnly in order to establish public authority and protect legal order.

A favorable circumstances: The defendant recognizes a crime.

There shall be no record other than those subject to a fine one time for the crime of this species.

The above circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, and the above sentencing guidelines shall be determined as ordered.

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