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(영문) 인천지방법원 2019.08.29 2019고단3654
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 May 20, 2019, at around 08:55, the Defendant: (a) stated that “The host person was used in the front of the Michuhol-gu Incheon City City,” “The Defendant was urged from the victim E (Nam, 41 years old) who is a police officer belonging to the area D District Unit of the Michuhol-gu Police Station D District called “Is to go back to the house, Isket, Is the front of the patrol vehicle, and prevented the victim from getting out of the patrol vehicle, and recommended the victim to stop the Defendant from the patrol and return home, and interfered with the legitimate performance of duties by the police officer, such as threateninging the victim’s face, as I am knife the victim’s face.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the F Statements;

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;

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;

2. An insulting speech to a police officer dispatched for relief measures against a defendant upon receipt of a report on a sentence 112, and the contents of repeated crimes are poor.

This crime of obstruction of performance of official duties needs to be strictly dealt with because it interferes with legitimate enforcement of law, harms the authority of the public authority, and causes the waste of police power.

The Defendant has been sentenced to imprisonment with prison labor for the crime of interference with business, etc. in 2015.

However, the defendant's ability to use directly to police officers is relatively not much severe, and the gold bars are different, and the same crime is committed again.

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