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(영문) 인천지방법원 부천지원 2019.07.26 2019고단1546
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 May 8, 2019, at around 00:40, the Defendant received 112 reports that he does not pay taxi charges on the front of the small railway station located in Seocheon-ro 363, Seocheon-si, 363, and recommended to pay taxi charges from Seocheon-si Police Station B District of the Seocheoncheon-si Police Station B District, which was dispatched to the site, and patrolmen D to pay for the taxi charges. The Defendant expressed a large amount of desire for the above police officers on the following occasions.

In the event that the above C continued to attract the payment of the fee to the defendant who was set off in the taxi, he saw him as a big lush, and saw him as a sound, he saw him as the left part of the above C, and saw him as a flab.

Accordingly, the Defendant interfered with the legitimate performance of duties concerning the handling of reported case by C and D, a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement of C or D;

1. A copy of the work log;

1. Application of Acts and subordinate statutes to investigative reports (victim E telephone conversations) and to photograph video data to the same extent;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [the scope of recommendation] The basic area (6 to 1.6 months) of the obstruction of performance of official duties (the decision of sentence] the act of obstructing the performance of official duties of police officers who wear the uniform by the defendant is not that of the crime.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant's perception of the crime and reflects the mistake in depth; (b) the motive and background of the crime in this case; (c) the content and degree of interference with official duties; (d) the circumstances after the crime; and (e) the age, character, conduct, family relationship, economic circumstances, etc. of the defendant

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