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(영문) 인천지방법원 2020.05.14 2020고단642
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

At around 16:50 on January 17, 2020, the Defendant used the penalty payment notification as an act of disturbance of drinking alcohol at the 4 Dong-dong Incheon Seocheon Northern Square, Dongcheon-gu, Incheon, for the reason that he was informed by C, who was at the scene of a disturbance of disturbance of drinking alcohol, and was informed by C, who was at the scene of the disturbance of disturbance of drinking alcohol, the Defendant used the chest part of his chest at one time, and assaulted C with the finger part of his finger hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police officers' photographs of damaged parts of the victim's statement to C;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

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 other force in addition to a fine imposed once by larceny.

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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