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(영문) 인천지방법원 2019.09.06 2019고단2515
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 10, 2019, at around 16:24, the Defendant: (a) received a report from Nam-gu Incheon Metropolitan City, on April 112, 2019, that “the elderly is far away from the her will; (b) contacted the Defendant that the Defendant was married to the her mother; and (c) took place at the same time, the Defendant expressed that the said police officer, who was asked the Defendant’s mother for the circumstances, expressed that “I am called her phone,” and “I am schebbucks of the police officer at approximately 90 cm in length,” and expressed that I am sbucks of the police officer at around 90 cm in length.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reports and preventing crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes, such as damaged parts and photographs of criminal implements;

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 recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The Defendant’s act of sentencing is highly likely to be subject to criticism in that it not only prevents the police officer’s duty to maintain order, but also promotes a light of legal order and public authority.

In addition, there are many violences against the defendant.

However, the defendant is now against his or her will to recognize his or her mistake.

At present, the defendant supports the parent-child of the aged who is in a Grade 6 disability of the brain-disease, and is in a Grade 2 disability of the Hearing.

In addition to this, the defendant's age, character and conduct, environment, motive and background of the crime, degree of exercise of force against police officers, and circumstances revealed in the trial process shall be determined as ordered by considering all the circumstances.

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