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(영문) 인천지방법원 2020.08.12 2020고단3031
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 3, 2020, at around 01:08, the Defendant used “C” on the street in front of the restaurant in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, “C, while running a store business, making customers unable to see their body,” upon receiving a report 112, and was urged to return home several times from the border E belonging to the Incheon Bupyeong Police Station D Zone D District, which was called out by the Defendant, but did not comply with it, and used the Defendant’s cell phone with the Defendant’s consent at one time, to find his/her guardian by using his/her cell phone with his/her cell phone with the Defendant’s consent.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported duties.

Summary of Evidence

1. Application of Acts and subordinate statutes to notify departments related to the report of the case 112 case to the defendant's legal statement E and F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime was committed.

Unfavorable circumstances: The defendant has been punished for obstruction of performance of official duties, insult, etc. against police officers, and there are several records of violent crimes.

In favorable circumstances: The defendant shows his attitude to reflect the mistake while making a confession of the crime.

The degree of exercise of tangible power is relatively minor.

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