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(영문) 인천지방법원 부천지원 2019.06.04 2019고단578
특수공무집행방해
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 22:40 on January 14, 2019, the Defendant: (a) at the C cafeteria located in Seocheon-si B; (b) was asked by the police officers E belonging to the D District Unit of the Busan, Seocheon-si Police Station D District, which received 112 a report, to ask questions about the details of the report; (c) was satisfing any alcohol on the job; and (d) satisfing it to the above E; and (d) threatened the price of the above E on account of a beer’s disease, which is a dangerous object on the table.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Each statement of G and H;

1. Photographss by capturing a dynamic image;

1. 112. List of reported cases;

1. Application of statutes on field photographs;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for probation and community service order;

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of the obstruction of performance of official duties] the category 1 (the determination of the recommended area of the obstruction of performance of official duties/the coercion of official duties] the aggravated area (the scope of recommendations] 1 year to 4 years; and

2. Determination of sentence: Determination of sentence: The sentence shall be set out in the order, which goes beyond the lower limit, on the ground that considering all of the sentencing conditions specified in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, background of the crime and circumstances after the crime, etc., within the scope of recommended sentencing guidelines, the Defendant is somewhat harsh.

Unfavorable circumstances: A crime that threatens a police officer in the performance of official duties by taking a bath to a police officer dispatched after receiving a report by a defendant, and assaulting a police officer due to a beer's illness.

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