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(영문) 인천지방법원 2019.09.26 2019고단4637
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On June 27, 2019, the Defendant: (a) on the street in front of the “public parking lot of Yongsan-gu 2 Dong-dong 2” in Michuhol-gu Incheon, Michuhol-gu, Incheon; (b) received 112 reports, and continued to d police officers, etc. belonging to the Incheon Michuhol Police Station C District District, which called the Defendant; (c) went to D to D, thereby falling off the police extra-police pocketbooks cited by D by hand; and (d) went to D; and (c) was sealed by the neck and chest.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports ( analysis of images taken by police officers visiting the scene);

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence is against the defendant's recognition of the crime, the degree of obstruction of performance of official duties is not much serious, the defendant is not previous and has no record of punishment exceeding the fine, etc. shall be considered as a favorable circumstance.

In addition, all the sentencing conditions in the records and arguments of this case, such as the defendant's age, character, conduct, environment, health condition, means and result of the crime, etc., shall be determined as ordered by considering the following factors.

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