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(영문) 인천지방법원 2019.11.29 2019고단7591
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 becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2019, at around 02:50, the Defendant: (a) received 112 report from “C club” located under the south-gu Incheon Metropolitan City (Seoul Metropolitan City) and sent to police officers; (b) stated, “I am out of clothes,” “I am out of clothes,” “I am out of the clothes,” and called “I am back to the underground business; and (c) am out of the border line E belonging to the Seoul East-gu Police Station D District E, Incheon, by threatening police officers to put in arms. As I am back, I am off with E-W spath and pushed off with hand.

As a result, the defendant assaulted police officers, thereby obstructing police officers' legitimate execution of duties concerning handling reports and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. All on-site photographs;

1. Application of the Act and subordinate statutes to the investigation report (No. 8 No. 1)

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;

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

1. One to five years from the month of imprisonment with prison labor for the scope of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Type of obstruction of performance of official duties: Obstruction of performance of official duties [No. 1] / coercion of official duties

(b) The scope of recommendations and the basic area of recommendations (one to half years of imprisonment);

3. Although the defendant has a large number of criminal records related to violence, considering the fact that the degree of assault in the judgment is relatively minor, the defendant is ordered to be placed under a stay of execution, and the defendant shall be ordered to be placed under a stay of execution, taking into account the following factors: the defendant's age and happiness environment, motive means of crime, results of crime, circumstances after crime, etc., and the sentencing conditions and the scope of recommended sentences on the sentencing criteria as ordered

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