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(영문) 인천지방법원 2020.10.08 2020고단6973
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 became final and conclusive.

Reasons

Punishment of the crime

On July 28, 2020, at the front of Seo-gu Incheon, the Defendant: (a) stated that “I ambling at the time of drinking,” “I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling, I ambling.”

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

Summary of Evidence

1. The application of Acts and subordinate statutes to a report on investigation into the police's statement of the defendant's legal statement D (the analysis of cell phone image files taken by a shote);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the punishment according to the sentencing guidelines for the obstruction of performance of official duties [Article 1] the scope of the punishment for the obstruction of performance of official duties [Article 1] the basic area of the obstruction of performance of official duties (the scope of the recommended area and the punishment for the suspension of official duties],

2. Circumstances favorable to the determination of sentence: The Defendant recognized and reflected the instant crime.

There is no history that the defendant has been punished in excess of a fine.

D. Unfavorable circumstances: The defendant caused disturbance while under the influence of alcohol and received a report and used violent language to the police officer called out and used violence, and the nature of the crime is not good.

Defendant has previously been punished for the same kind of crime.

In addition to the above circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the records and arguments shall be determined as ordered by considering the following factors.

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