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(영문) 인천지방법원 2020.08.20 2020고단5214
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

On May 20, 2020, the Defendant visited the “C Game Place” located in Gyeyang-gu Incheon, Incheon, with drinking alcohol, to make a noise by visiting the game machine as a guest, and making it possible for the Defendant to do so. On the top of the above game room, the Defendant received 112 report from the head of the Incheon Gyeyang Police Station D Zone D District, which called the game room, and received a 112 report to the effect that “the Defendant fessing the disturbance, such as running a game room and running a city fee,” and received a bath to the effect that he will return home from E from the head of the Singu, Incheon Gyeyang Police Station D District, which called “I will not interfere with the conduct of exchange. I will have received a full notification.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reported cases and the prevention of crimes.

Summary of Evidence

1. Application of Acts and subordinate statutes on public gathering A of suspects of assault by victims to investigation report (Attachment to the police's place of service, etc.) on the defendant's statement statement E in the court statement of the defendant;

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

1. Scope of applicable sentences under the Act on the Grounds for Sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "contributative circumstances") : One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Six months of imprisonment with prison labor, and one year of suspended sentence: The crimes of obstruction of performance of official duties need to be done solemnly in order to establish public authority and protect legal order.

A favorable circumstances: The defendant recognizes a crime.

It is the first crime.

The above circumstances, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions recorded in the records of this case, such as the circumstances after the crime, and the above sentencing guidelines shall be determined as ordered.

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