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(영문) 인천지방법원 2020.06.17 2020고단3874
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

At around 23:43 on April 29, 2020, the Defendant reported 112 of the Gyeyang-gu Incheon Gyeyang-gu “C”, “B’s desire to take care of and return home from E in the circumstances belonging to the Gyeyang-gu Police Station D District Unit of the Gyeyang-gu Police Station, which called “B,” and called “I would like to take a snow”, and continued to put E in a large voice, such as “I will die within his hand,” and, at the same time, I would like to take the face of E one drinking.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to a caps of a Baduk cinematographic image;

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 for providing community service and attending lectures;

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 sentencing conditions stated in the records of this case, including the Defendant’s age, character and conduct, family relationship, home environment, motive and means of committing the crime, and circumstances after committing the crime, shall be determined as ordered by taking into account the following factors:

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