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(영문) 인천지방법원 부천지원 2020.01.09 2019고단3147
특수공무집행방해
Text

The punishment of the accused shall be determined by eight 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

At around 13:48 on August 19, 2019, the Defendant: (a) provided the following information: (b) on the 1112-on the road in front of Seocheon-si B, Seocheon-si; (c) provided the following information: (d) D, the Gyeongcheon-si Police Station C District, which was called up after receiving a report, to ask the Defendant about the circumstances; and (d) provided the Defendant with the following information; and (e) provided the gate (9cm, 5cm in length, and 5cm in length), which is a dangerous object on the road due to the Party’s own interest in moving the vehicle to the patrol vehicle; (e) opened the patrol vehicle with the driver’s seat; and (e) moved the b) provided the flag D with an article to the flag D.

I have expressed my view. I have expressed my view that she should do so."

Accordingly, the defendant, while carrying dangerous objects, obstructed the police officer's legitimate execution of duties concerning handling reports and maintaining order in 112.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A criminal investigation report (CCTV image - The page for committing a suspect);

1. Work site in the C District;

1. Application of the Acts and subordinate statutes to photographs of criminal tools;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [decision of types] of the obstruction of performance of official duties (decision of the recommended area), the basic area (where the degree of intimidation or obstruction of official duties is minor, where dangerous articles are carried), the scope of recommendations from 6 months to 1 year and 6 months;

2. Determination of sentence: The police officer who has been threatened with the 8-month imprisonment, the 2-year suspension of execution, and the scambing of the police officer who is legally performing official duties; the police officer who has been threatened with the scambling of the obstruction of performance of official duties; it is difficult to view it as a planned obstruction of official duties; and the police officer

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