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(영문) 인천지방법원 부천지원 2019.09.19 2019고단1979
공무집행방해
Text

The punishment of the accused shall be determined by six 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

On June 2, 2019, at around 01:40, the Defendant was arrested as a flagrant offender under suspicion of assaulting C at the Bupyeong-si Bel. On the same day, around 02:52, the Defendant was found to have failed to take over the Defendant to the criminal team of the Hacheon-si Police Station in front of the E District District located in Seocheon-si, 02:52, and thereby interfered with the police officer’s legitimate execution of duties concerning criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (E District CCTV images);

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to a copy of work place;

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

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

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of recommending] the basic area [the scope of punishment of recommending] 6 months from 6 months to 1 year and 6 months; and

2. Determination of sentence: The sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the pleadings of this case, including six months of imprisonment, the background of the crime for two years of suspended execution, the method and degree of obstructing the performance of official duties, the fact that there is no record of punishment for the same kind of crime or violent crime, the confession of the crime, the fact that the mistake is divided, and the age, character and conduct, the environment, the circumstances of the crime and the circumstances after the crime;

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