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(영문) 인천지방법원 부천지원 2019.01.23 2018고단3402
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 September 14:35, 2018, the Defendant: (a) broken the glass residues at the Cju stores located in Seocheon-si B; and (b) took the disturbance to avoid the disturbance; and (c) the slope E belonging to the D District of the Busan District Police Station, which was called out after receiving 112 reports, was fright to have the said E returned home, and assaulted the said E’s chest by force.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of the 112 reported case handling table, on-site, and damaged photographic Acts and subordinate statutes;

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 sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] No person who has no basic area (6-1 year and 6 months) of the obstruction of performance of official duties (6-1 year and 6 months) [decision of sentence] The defendant made a bath to the police officer dispatched to his or her wrong place of crime and made an assault.

The execution of official duties has been significantly hindered.

The confession was made, and it was the first offense.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, living environment, circumstances leading to the crime, etc., shall be determined within the scope of recommended sentencing guidelines.

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