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(영문) 인천지방법원 부천지원 2019.05.14 2019고단273
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 November 17, 2018, at around 11:25, the Defendant: (a) received a report from the head of the patrol team of the Kimpo Police Station 2 patrol team called “Adok Adok-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-si Hakk-si Hak-si Hak-si Hak-si Hak-si Hak-si Hak-k

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the above E- 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer concerning AssistantF (Obstruction of Performance of Official Duties);

1. A 112 reported case handling box, and a service log for a police box;

1. Application of one photograph after closure of a course under Acts and subordinate statutes;

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. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (6 months to 1 year and 6 months) of the obstruction of performance of official duties (the scope of recommendations].

2. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for one year; the crime of this case committed by the defendant after receiving a report of 112 by means of violence by the police officer's reciting the body of the backline, and obstructing the legitimate execution of his duties; the crime of this case is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case, and that there is no record of punishment for the same kind of crime related to obstruction of performance of official duties, etc. shall be considered as favorable circumstances to the defendant. In addition, the sentencing factors in the records and arguments of this case, including the defendant's age, environment, character and conduct, motive and means of the crime, circumstances after the crime, etc., shall be determined as ordered.

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