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(영문) 인천지방법원 2018.08.09 2018고단4362
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 30, 2018, the Defendant: (a) reported on May 30, 2018, 112, that “A male is frighting to female frighting to female frighting to female frighting to female frighting; (b) expressed that “A female frighting to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright the victim.”

2. On May 30, 2018, at around 23:25, the Defendant received a report from the Namdong-gu Incheon Metropolitan City, B, and C, to the mobile phone, stating that he/she “intition to a new person” was a mobile phone, and demanded a slope E, who was called upon receiving the said report, to return to the Defendant of the patrol lane, but was rejected, and thereby interfered with the operation of the said slope patrol by assaulting both arms in front of the patrol vehicle over about 20 minutes and blocking the front of the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate performance of police officers' duties on the prevention of crimes, maintenance of public peace and order, and receipt and handling of reports 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Complaints of E preparation;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties), Article 311 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the scope of the recommended punishment [the scope of the recommended punishment], and the scope of the final punishment due to the aggravation of multiple offenses, for which the basic area (six months to one year and six months) is (the person who has no special sentencing person] of the basic area (the above crime and the sentencing criteria are not less than six months).

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