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(영문) 인천지방법원 부천지원 2020.02.06 2019고단3507
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 October 9, 2019, the Defendant: (a) expressed the Defendant’s statement on the instant situation at the C store located in Bupyeong-si B, Seocheon-si, and around 22:58, the Defendant 112 reported that “A woman would flee, and a man would continue to flee; (b) a man was assaulted; (c) a slope E affiliated with the D District D District Unit of the Busan, 1,000 U.S. Police Station sent to the site after having received a report and received a statement from the Defendant on the circumstances of the instant case, while he hearded the Defendant, he expressed that “A schep. fe. f. f. f. f. f. f. h. h.

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. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A written statement;

1. A copy of the work log;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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: Determination of sentence: The degree of interference with official business is not somewhat weak, such as imprisonment for six months, sentence of the chest of a police officer who duly performs his/her duties for two years under the suspension of execution, taking the attitude that he/she seems to assault him/her by drinking several times, and the punishment is determined as the order in consideration of all the sentencing conditions shown in the arguments in the instant case, such as the following: The crime is not planned interference with official business; there is no record of punishment for violent crimes; there is no record of punishment for the same crime; the confession has been made; the confession has been made; the confession has been divided; the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime;

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