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(영문) 인천지방법원 2020.06.24 2020고단336
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

On December 13, 2019, the Defendant: (a) around 02:10 on December 13, 2019, the Defendant: (b) reported illegal business activities in Yeonsu-gu Incheon, including running a singing practice room; (c) and (d) the circumstances belonging to the D District Unit of the Yeonsu-gu Police Station, and the police officers sought to identify a woman’s satch with the Defendant, namely, “I am, I am son, son son son son son son son son, son son son son son son son, son son son son son son son son son son, son son son son son son son, son son son son son son son son son son son

Accordingly, the defendant interfered with the legitimate execution of duties of the police concerning the handling of reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The sentencing of Article 62-2(1) of the Social Service Order Act and Article 59 of the Act on Probation, etc. shall be based on a comprehensive consideration of various sentencing conditions as indicated in the instant case, including the following circumstances and the Defendant’s age, character and conduct, family relationship, motive and attitude of the crime, and the circumstances after the crime.

The circumstances at a disadvantage: A favorable circumstance that again commits the crime of the same kind of crime even though he/she had a record of being sentenced to a suspended sentence of imprisonment due to the obstruction of performance of official duties, etc. on August 2016: The fact that it is difficult to view that the degree of interference with official duties is very serious.

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