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(영문) 인천지방법원 2019.08.14 2019고단3902
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 24, 2018, the Defendant sentenced 8 months to imprisonment with prison labor for special obstruction of performance of official duties, etc. by the Incheon District Court on April 13, 2019, and completed the execution of the sentence.

On June 6, 2019, around 14:47, the Defendant reported to the effect that, under the influence of alcohol, the Defendant calls to 112 mobile phone in the Dongam-dong, Bupyeong-gu, Incheon, Bupyeong-gu, 524-6, Dongam-gu, Incheon, and that, “I will not see that the father used it under the influence of alcohol, and calls to the house, and do not have any connection with the death of leakage in the earth. I will see if you die. I will do so. I will see.).” The Defendant tried to display the son’s disease, which is a dangerous object, while receiving and sending the above report, and trying to take the face of the above police officer by hand.

Accordingly, the defendant, carrying dangerous objects, assaults or intimidates police officers to interfere with legitimate execution of their duties concerning 112 reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (verification of the expiration of the term of punishment of a suspect, and attachment of the same judgment);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Sentencing Guidelines [Determination of Punishment]

2. Determination of sentence: (a) the Defendant: (b) the Defendant was fluoring the Major Disease, harming the floor; and (c) the police officer C was fluoring the Defendant’s drinking while she was fluoring; and (d) the Defendant

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