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(영문) 인천지방법원 2019.08.16 2019고단1514
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 became final and conclusive.

Reasons

Punishment of the crime

On February 19, 2019, at around 14:43, the Defendant: (a) received a report from the Namdong-gu Incheon Metropolitan City B apartment, and the front corridor of Dong-gu, Incheon, and (b) received a report from 112, stating that “A person is suffering from a disturbance under influence of alcohol,” and assaulted the Defendant, such as a defect in notification disposition against the Defendant, “brupted” to the above E, “brupted,” and a brupted E at once.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report cases and the maintenance of order by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Details of report on 112 Incident and report on investigation (the investigation of a victim's fyt video);

1. Application of Acts and subordinate statutes to investigation reports (Submission of medical certificates and notification details);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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 recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of a crime, circumstances after a crime, etc., shall be determined as follows: (a) the sentencing conditions indicated in the sentencing guidelines as stated in the above sentencing guidelines; (b) the Defendant has several criminal records of violence; and (c) the Defendant has not been subject to a fine exceeding 48 years; and (d

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