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(영문) 인천지방법원 부천지원 2020.02.11 2019고단3591
공무집행방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 8, 2019, the Defendant, at the upper point of “C” located in Seocheon-si B, Seocheon-si, 2019. On the ground that the Defendant, upon receiving a report of 112 that he was under the influence of alcohol, sent the Defendant a bath to E, i.e., “ves”, she pushed off the chest, and assaulted E to walk the right side buckbucks one time due to the outbreak.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes on the place of work in the D District;

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

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of recommending] the basic area [the scope of punishment of recommending] 6 months from 6 months to 1 year and 6 months; and

2. Determination of sentence: Determination of sentence: The degree of interference with official duties, such as 6 months of imprisonment with prison labor, the appointment of police officers performing their duties for two years of suspended execution, is not easy; the specific contents of the same criminal record have the history of being punished for obstruction of performance of official duties; the specific contents of the same criminal record have many records of being punished for violent crimes at intervals with the crime of this case; however, 15 years or more have passed in all; the crime of interference with official duties is not planned; the elderly is not the crime of interference with official duties; the confession of the crime; the confession of the crime was made; other factors such as the character and conduct of the defendant, the environment, the circumstances of the crime, and the circumstances after the crime, etc., shall be determined as the sentence

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