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(영문) 인천지방법원 2020.08.06 2020고단3861
공무집행방해등
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

At around 23:00 on April 5, 2020, the Defendant was trying to avoid disturbance in front of the C cafeteria located in the Namdong-gu Incheon Metropolitan City, and intended to inflict harm on the people in his daily activities and surrounding areas, and was reported 112, and was traveling to the district along with the victim E (ma, the police officer in charge of the zone D district located in the Incheon National Police Station, which was called the Incheon National Assembly, called the victim E (ma, 28 years of age) who was on the buck and moved to the district. While the victim was requested by the victim to take the bucks from the buck in the buck, etc., the Defendant bucked the victim as soon as possible, and obstructed the legitimate performance of his duties concerning the maintenance of order and the maintenance of order by assaulting the victim's bucks, who were in need of treatment

Summary of Evidence

1. Statement made by the police of the defendant in his court statement E, written diagnosis of injury to the police, written notification of 112 reported case handling, and damaged photograph;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize and reflect his/her mistake, and to be the initial offender.

However, under the influence of alcohol, the Defendant brought an injury by asking the police officer’s buckbucks, which received 112 reports without any justifiable reason, and then, the Defendant is very bad in the nature of the crime.

Compensation for damage has not been made or has not been made by the victim.

In addition, the defendant's age, character and conduct, environment, circumstances, means and result of the crime, circumstances after the crime, family relationship, and other various sentencing conditions specified in the trial process of this case shall be determined as per the order.

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