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(영문) 인천지방법원 2020.02.12 2019고단7234
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, 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 September 14, 2019, at around 12:55, the Defendant, within Jongno-gu Seoul Metropolitan Government C management office, and received 112 reports to the effect that “any person who fright to fright to fright under the influence of alcohol,” and was urged by police officers E belonging to the Seoul Jongno-gu Police Station D District Unit to return to Korea after being subject to a disposition of penalty due to a disturbance of alcohol disturbance, and was urged by him to do so. The Defendant committed assault to the above E, such as: (a) the suspension of the brue, while taking a bath that “brug, fright to fright to fright to fright,” and (b) the head was frighted

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months;

2. The defendant who was sentenced on February 1, 2018, was sentenced to imprisonment for eight months or two years of suspension of execution due to the crimes of obstruction of performance of official duties, etc. and such judgment is the same month;

9. The elements of the unfavorable sentencing, such as the fact that the Defendant committed the obstruction of performance of official duties even during the suspended execution period, and the Defendant was at the time of the suspension of performance of official duties, and the Defendant was at the time of his head with his hand, and the degree of assault cannot be deemed to be light, and the elements of the favorable sentencing, such as the Defendant’s mistake and the fact that the victimized police officer did not impose the Defendant’s punishment, and other favorable sentencing factors such as the Defendant’s age, character and behavior, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, etc.

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