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(영문) 인천지방법원 부천지원 2019.07.03 2019고단1053
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 March 14, 2019, around 18:15, at the defendant's house located in Bupyeong-si B apartment, the defendant took a bath on the ground that D, who was called to the site after receiving a report that the defendant 112 that he drinks alcohol and frighted, did not meet his own demand, and assault D, on the ground that D, who was called to the site, is not subject to his demand, on two occasions, the left chest of D due to drinking, and that the left buckbuck site was fucked once.

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. A copy of the 112 reported processing table, work log, and public official identification card;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 punishment by law: Not more than five years of imprisonment;

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for six to one year and six months (decision of type): the Regulation on the obstruction of performance of official duties [No. 1] / coercion of performance of official duties [Scope of recommendations and recommendations] basic area, imprisonment with labor for six to one year [general person] - Reduction element of mitigation: No record of criminal punishment;

3. Determination of sentence: Imprisonment with prison labor for six months and suspension of execution for two years, a crime of obstructing performance of official duties needs to be severely punished as an act that circumvents legitimate exercise of public authority and undermines the function of the State’s legal

However, it shall be considered that the circumstances favorable to the defendant are the primary offender, that the defendant recognizes and reflects his mistake, and that the health condition is not good, etc., and the defendant's age, character and behavior, environment, motive, means and consequence (the degree of violence) of the crime of this case, and the sentencing criteria of the Sentencing Committee shall be determined as ordered by considering comprehensively the various circumstances shown in the arguments, such as the circumstances after the crime, etc.

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