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(영문) 인천지방법원 부천지원 2019.07.26 2019고단1488
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2019, around 18:15, the Defendant: (a) 112 reported to the effect that “the Dong (the defendant) is the father of Dong (the defendant)” in the Gyeonggi Kimpo-si B’s residence located in the Gyeonggi-si Kimpo-si, Gyeonggi-si; and (b) obstructed the police officer’s part of the report one time in his/her hand on the part of his/her son, who was dispatched to the Gyeongcheon-si Police Station C District, received a report by 112.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of E and D;

1. A report on emergency measures, a copy of the work log in the C District, and a report indicating 112 cases;

1. Application of Acts and subordinate statutes to a report on investigation (the details of the F G statement) and a report on investigation (the hearing of a victim police officer's telephone statement);

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. The sentence shall be determined as per the order, comprehensively taking into account the following factors: (a) the defendant has been recognized to commit a crime; (b) the details of the decision on the sentence; (c) the motive and circumstances leading up to the police officer’s dispatch; (d) the motive and circumstances leading up to the crime; (e) the method and degree of interference with official duties of the defendant; and (e) the circumstances after the crime; and (e) the age, character and conduct, family relationship, economic conditions; and (e) various sentencing conditions

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