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(영문) 인천지방법원 2020.02.14 2019고단8256
공무집행방해
Text

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

However, 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 October 14, 2019, at around 23:10 on October 23:10, 2019, the Defendant: (a) received 112 report from the police officer belonging to the Incheon Yeonsu Police Station D District Unit, who was drunk, to ask questions about the circumstances of the case from E, and assaulted the above E at one time to the right direction of the case.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendant's legal statement;

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

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

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

1. Reasons for the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] there is no person subject to the coercion of official duties] (the scope of recommendations and recommendations] basic area, six months to one year and six months;

2. The fact that the sentence of sentence is imposed on a large number of defendants, etc. is disadvantageous to the defendant, and the fact that the defendant acknowledges the crime and repents is favorable to the defendant.

In addition, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into consideration.

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