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(영문) 인천지방법원부천지원 2020.09.29 2020고단2348
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 April 30, 2020, at around 21:18, the Defendant: (a) committed violence, such as assaulting the Defendant at the site, who was at the site, and attempted to leave the site without having answer, that the Defendant was a son, who was at the site, and was called up after having received a report by the head of the police station located in the C District, that the male and female flusium was fluence; (b) the said D demanded the Defendant to catch and stop the Defendant’s arms for the purpose of questioning the fluence; and (c) one time as a police officer, who was aware of the fact that the Defendant was a police officer was fluence, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the 112 Reporting List to D police statement;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (including circumstances of criminal conduct, degree of violence, etc.);

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