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(영문) 인천지방법원 2020.11.12 2020고단8887
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 August 14, 2020, around 09:05, the Defendant assaulted the C court’s first floor entrance search room in Incheon, for the reason that the attitude of the court official D was not attributable to the mind, and used the search platform in the direction of the above public official, and used the arms of the above public official.

Accordingly, the defendant interfered with the legitimate performance of official duties by the court public officials on the duty of the court search unit.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes on video CDs in the police record of D, the court official identification card of the police officer, and CCTVs in the court security control unit;

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: Imprisonment with prison labor for six months, and conditions unfavorable to a suspended sentence for two years: 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.

There is no record of being punished for the same crime or exceeding the fine.

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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