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(영문) 인천지방법원 2018.11.28 2018고단7079
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 23, 2018, the Defendant filed a report on insult of “D” located in Seo-gu Incheon, Seo-gu, Incheon, on the ground that, in front of the main point of “D” in “D,” the Defendant was under the age of 112.

The Defendant heard that he would petition from the Victim F or G, a member of the Incheon Western Police Station E District Police Station Eth of the Incheon Western Police Station, who was called upon the above 112 report, and told him to the effect that he would file a petition from the Victim F or G, who is a member of the police station of the Incheon Western Police Station, and thereby, made a public insult of the victims by “I am son, son, son, son, son, son, son, son, son, son, son,” on the street where there are many and unspecified people, and “I am son, son, and son.”

2. The Defendant interfered with the performance of official duties, at the time, at the place specified in paragraph 1, and on the grounds stated in paragraph 1, f.m., the Defendant f., who readed F.m. “F., g., g., g., g., g., g., g., g., the Defendant f.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 311 of the Criminal Act (a point of insult) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (a point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] The basic area (from June to one year and six months) of the first category (the obstruction of the performance of official duties and the coercion of duty) (the decision of sentence] includes an offense for which the sentencing guidelines are not prepared, the sentencing guidelines for the crime for which the sentencing guidelines are prepared shall be set at the lower limit of the sentencing guidelines for the crime (six months). The defendant's age, sexual behavior, family relationship, family environment, motive and means of the crime, and after the crime is committed under the following circumstances.

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