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(영문) 인천지방법원 부천지원 2019.07.12 2019고단1306
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five months.

except that 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 April 9, 2019, at around 00:15, the Defendant: (a) stated that “C” in front of the main point of “C” in Bupyeong-si B, Seocheon-si; (b) the Defendant did not pay the drinking value of drinking alcohol at the said main point and did not pay the drinking value; and (c) stated that “A”, who was asked by the police officer E affiliated with the D Zone D Zone at the site upon receipt of a 112 report, was “Wing to be asked about personal information from the police officer E who was dispatched to the site,” the Defendant interfered with the Defendant’s lawful performance of duties regarding the handling of the 112 reported case by the police official at one time.

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. Application of the Acts and subordinate statutes on photographic images by means of terrestrial substitute working days, 112 reported case processing marks, and by cutting CCTV images;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. The punishment that prevents a police official from performing his/her duties by a police official who wears his/her uniform is not minor;

However, the punishment as ordered shall be determined by taking into account the following factors: (a) the defendant's acknowledgement of the crime and reflects the mistake; (b) the motive and background of the crime of this case; (c) the content and degree of interference with official duties; (d) the circumstances after the crime; (e) the previous criminal records; and (e) the age, character, conduct, family relationship, economic circumstances, etc

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