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(영문) 인천지방법원 2020.04.24 2020고단1148
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 January 26, 2020, at around 20:45, the Defendant: (a) expressed a complaint against the preparation of a summary judgment claim by the head of the police station located in the Dong-gu Incheon Metropolitan City, Incheon, Dong-gu, Incheon, the Dong-gu, the Dong-gu, which called “A taxi guest has a time signal with a taxi driver” on the front side of the B apartment of the Dong-gu Incheon, with the report of 112; and (b) stated that “The head of the chill belonging to the Dong-gu, Incheon, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, Incheon, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, the Dong-gu, would be able to see the bit of bit of bitb

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of the E statement;

1. Application of the Acts and subordinate statutes on blackbox CDs;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of punishment by law: One to five years of imprisonment;

2. 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.

3. Determination of sentence: Imprisonment with prison labor for six months, and the normal obstruction of performance of official duties for two years disadvantageous to the suspension of execution requires strict punishment for crimes detrimental to the national function by obstructing the legitimate exercise of public authority.

The damaged police officers did not receive any tolerance from the police officers.

There is a history of criminal punishment for violent crimes.

Recognizing the favorable normal mistake, the attitude of reflecting it is shown.

There is no previous offense exceeding a fine.

In addition, considering the age, character, conduct and environment of the defendant, motive, means and result of the crime, the circumstances after the crime, etc., the sentencing conditions as shown in the argument of this case shall be considered.

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