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(영문) 인천지방법원 2020.12.03 2020고단9235
공무집행방해
Text

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

except that 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

On October 12, 2020, at around 01:20, the Defendant received 112 reports from the public parking lot in front of the building C in Gyeyang-gu Incheon, stating that “A person under the influence of alcohol on the side of the hospital is used,” and subsequently sent to the Incheon Gyeyang Police Station E Zone E-gu, Incheon, which called “the police officer belonging to the Gyeyang Police Station E-gu, Incheon, requested her returning home,” and assaulted the victim’s left face.

As a result, the defendant interfered with the legitimate execution of duties concerning the protection of police officers' lives and bodies.

Summary of Evidence

1. Defendant's legal statement;

1. Application of F of the police statement statement (F) campaign video recording video CD-related Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

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: Imprisonment with prison labor for eight months, and conditions unfavorable to a suspended sentence for two years: The crimes of obstruction of performance of official duties need to be done solemnly in order to establish public authority and protect legal order.

A favorable circumstances: The defendant recognizes a crime.

There is no record of punishment for the same crime.

The above circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, and the above sentencing guidelines shall be determined as ordered.

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