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(영문) 인천지방법원 2019.10.07 2019고단5543
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. 피고인은 2019. 8. 9. 23:25경 인천 서구 B아파트 주차장에서 ‘딸이 집에 가고 싶어 하는데 아이 아빠가 술에 취한 것 같으니 도와달라’는 내용의 신고를 받고 현장에 출동한 인천서부경찰서 C파출소 소속 순경 D으로부터 ‘흥분하지 말고 진정하라’는 취지의 말을 듣자 이에 화가 나 “개새끼야, 죽여버린다”라고 소리치며 발로 순경 D의 정강이를 1회 걷어찼다.

2. On August 9, 2019, the Defendant: (a) arrested as a flagrant offender for the foregoing reasons; (b) transferred the police box in Seo-gu Incheon, Seo-gu to C, Seo-gu, Incheon; (c) took the right side buckbucks, walking one time, walking the part of the slope G; and (d) assaulted the patroler D’s her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the handling of reported duties and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to D, G, and F

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 (Mutual Crimes of Obstruction of Performance of Official Duties under Article 2 at the Time of Sales) of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Scope of recommending punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than six months (a concurrent crime with each crime of obstruction of performance of official duties in the judgment that the guidelines for sentencing are not applied in relation to the commercial concurrence);

2. The police officer who was arrested as a flagrant offender, including assaulting the police officer who was called out after having received a report on the sentence of sentence, shall be brought to the police box;

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