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(영문) 인천지방법원 2020.09.09 2020고단4731
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant at around 17:40 on 02. 04. 17:40 on 17:1, 202, determined that the defendant does not interfere with his/her exercise of his/her right to defense against his/her wife in the Dong-gu Incheon Metropolitan City'

Before arresting a police officer of the Incheon Central Police Station D police station, who was called upon by the report of domestic violence, the police officer of the Incheon Central Police Station sent a bath to “pick, die, die all, kills, and kills, thrown out all of them,” and laid down the left hand hand of E.

At around 17:45 on the same day, the Defendant continued to commit assault by F with the view that F of F, who was called up upon request for support, she was able to take the her part of the police box, and that F of F, who was able to take the her part of the police box, was able to walk the her part.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to C, E, and F;

1. Application of Acts and subordinate statutes concerning internal investigation reports, 112 reported case handling records, and field-related photographs;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on Probation under Article 62 (1) of the Suspension of Execution;

1. Scope of recommended sentences according to the sentencing criteria;

A. Each crime of obstruction of the performance of official duties [Article 1] / Forced performance of official duties [Article 1] The basic field of obstruction of the performance of official duties, six months to one year and six months of imprisonment.

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for six months to two years;

2. The crime of obstructing the performance of official duties by sentence is a heavy criminal directly connected to the establishment of a national legal order, domestic violence of the defendant was reported to the police by the defendant to the police. The defendant's use of violence to the police officers dispatched after receiving the report by the defendant, two victimized police officers, and violence is committed.

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