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(영문) 인천지방법원 2020.05.08 2020고단1814
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Defendant: (a) on February 15, 2020, at the Michuhol-gu Incheon Metropolitan City parking lot B around 06:30 on February 15, 2020, returned home from D with the superintendent of the police station affiliated with the C District who called out after receiving a report of 112.

When the audience was received, it was boomed with a bath and boomed with the hand floor at once.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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 the sentencing of Article 62-2 of the Criminal Act in regard to probation, community service or lecture attendance order;

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] there is no person subject to the coercion of official duties] (the scope of recommendations and recommendations] basic area, six months to one year and six months;

2. The fact that the sentence of sentence is imposed on a large number of defendants, etc. is disadvantageous to the defendant, and the fact that the defendant acknowledges the crime and repents is favorable to the defendant.

In addition, the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into consideration.

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