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(영문) 인천지방법원 부천지원 2020.05.20 2019고단4177
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the above sentence shall be executed for one year and six months from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 00:50 on October 12, 2019, the Defendant received a report from 112 that “I am on the way of south” while under the influence of alcohol in front of the House C in Bupyeong-si B, Seocheon-si, the Defendant committed assault by the police officers, such as “I am on the way of south,” and “I am on the job site by receiving a report, I have the honor of the police officers,” and “I am on the scam of the police officers, I am on the scam of the police officers,” and “I am on the scam of the police officers, I am on the scam of the police officers,” and I am on the scambling of the police officers, and I am on the scambling of the drinking while coming to the police officers.”

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the handling of 112 reported duties by police officers.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to photographs, such as portraits, body photographs, etc. of police officers, on the upper part of the damaged police officers;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Not more than five years;

2. Scope of the recommended sentencing criteria: Imprisonment with prison labor for not less than six months (limited to the lower limit of the sentencing criteria, since it is a commercial concurrent crime).

(a) Each crime of obstruction of the performance of official duties (the crimes of obstruction of the performance of official duties, obstruction of the performance of official duties, type 1), six months of imprisonment, 1 year and six months (basic area): None;

3. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for one year and six months, and the defendant, upon receiving a report of 112, assaulted police officers dispatched.

Due to the Defendant’s assault, the police officers suffered kneee and suffered considerable threat at the time.

The crime of obstruction of the performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public power.

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