logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.11.11 2020고단4803
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

Around 03:20 on May 16, 2020, the Defendant: (a) reported 112 to the effect that “drawing and interfering with his bath and business” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) prevented the Defendant from taking a bath and attempting to take a child to his employees at the scene; (c) he saw that “I will pay taxes to me? I will see that I will see that I will see that I will pay taxes, and that I will dispose of me? I will see if I will do so, I will see the head on the chest part of E, and continuously arrested him as a flagrant offender for the crime of obstruction of the performance of official duties, and “I will see why I will see, ? I will see, ? I will see ? I will ? I see ? I will ? I will ? I will ? I will ? you will see ? I will ? you will ? you will see how you will ? I will ? you will ? you will ? you will ? you will ?.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers, protection of the lives, bodies and property of the people, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the F and E of each police statement, report on internal investigation, photograph of damage, report on 112 case handling table, investigation report (case analysis on the site of the case and CCTV analysis);

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

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [No. 1] The obstruction of performance of official duties/voluntary coercion [the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months;

2. Determination of the sentence within the scope of the sentencing criteria in light of the circumstances following the decision of sentencing and the sentencing conditions in Article 51 of the Criminal Act; and

- The establishment of national legal order for the obstruction of performance of official duties.

arrow