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(영문) 인천지방법원 2020.11.12 2020고단6586
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 July 18, 2020, at around 22:28, the Defendant: (a) committed assault, such as the defect that C, a police officer, who was dispatched after receiving 112 reports on domestic violence case, tried to listen to the circumstances of the case from the Defendant, “I am well or fighting. I am you do not do. I am. I am. I am. I am am. I am. I am am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I

As a result, the defendant interfered with legitimate execution of duties concerning police officers' 112 reporting affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and D

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 (The following extenuating circumstances among the reasons for sentencing);

1. Scope of applicable sentences under the law for sentencing under Article 62-2 of the Criminal Act on Probation: 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: Ten months of imprisonment, two years of suspended sentence, one year of probation: The circumstances leading to the occurrence of a crime, the form of a crime, and the circumstances after a crime are not good;

The crime of obstruction of performance of official duties needs to be diversified in order to establish public authority and protect legal order.

There is a power that has been entered as a home protection case concerning the injury by continuation and violence.

A favorable circumstances: The defendant recognizes a crime.

There shall be no history of criminal punishment.

The above circumstances and the sentencing conditions indicated in the records of this case, including the defendant's age, character, conduct and environment, shall be determined as per the disposition.

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