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(영문) 인천지방법원 2020.07.22 2020고단3318
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 1, 2020, at around 20:55, the Defendant: (a) committed assault, such as assaulting the Defendant’s chest E on two occasions as her hand, when the police box affiliated with the Incheon Western Police Station D commander of the Incheon Western Police Station, who was dispatched to the scene after receiving a report 112, takes a bath to hear the Defendant’s statement.

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. Application of Acts and subordinate statutes to police statements, photographs attached to the police statement, investigation report (clock image attachment);

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

1. Scope of the recommended sentence according to the sentencing guidelines [the range of punishment] of the obstruction of performance of official duties [the category 1]/ the coercion of official duties (the special person] mitigation element: Where the degree of violence is insignificant (the area of recommendation and the scope of the recommended sentence] mitigation area, one month to eight months of imprisonment;

2. The sentencing criteria set forth in Article 51 of the Criminal Act, including the fact that the crime of obstruction of the performance of official duties is directly connected with the establishment of national legal order, the accused is punished for violent crimes, the records of criminal investigation are several times, the recognition of the crime and efforts to punish the victimized police officers, and the father and degree of the assault, shall be determined within the scope of the sentencing criteria, taking into account the sentencing conditions set forth in Article 51 of the Criminal Act,

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