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(영문) 인천지방법원 2020.02.12 2019고단8729
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 5, 2019, the Defendant: (a) expressed that “C” in front of “C” located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon; (b) received 112 report from “Neman who can enjoy on the floor; and (c) was under the influence of alcohol from “E (33 years old) belonging to the Incheon Gyeyang Police Station D District Unit of the Incheon Gyeyang-gu Police Station, which called “Neman who must go home,” and received a demand to return home, and assaulted “Neman’s face” as his hand, such as the wheels who flick the inside of the said E and hack.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the protection of the lives, bodies, and property of the people.

2. The Defendant damaged the victim’s face as his/her hand on the ground of the date and time stated in paragraph (1) and at a place specified in paragraph (1), by lowering the inner diameter of the victim’s face to the floor and destroying it.

Accordingly, the defendant damaged the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of victim facess;

1. Relevant Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second crimes (determination of types) destruction and damage [Article 1] destruction, damage, etc. of property [Article 1] There is no person who is a special person [Article 1] [Scope of recommendation and recommendation] basic area, imprisonment with labor for April to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment;

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