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(영문) 인천지방법원 2020.06.12 2020고단1486
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On December 20, 2019, the Defendant, at around 01:02, 01:02, was drunk at C main points located in Namdong-gu Incheon Metropolitan City, and as a result, d (the age of 19) and scams of the victim, the Defendant scamd with her hand.

Accordingly, the defendant assaulted the victim.

2. On December 20, 2019, the Defendant committed assault by the police officer F belonging to the Incheonnam Police Station E-gu, Incheon,nam Police Station E-gu, Seoul, who received 112 reports at the front of the main point C of the foregoing paragraph (1) and called “F” to confirm the situation of the instant case, and assaulted the said F F F’s chest by pushing the her satch with satch and sating it by hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Damage photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (in consideration of the fact that the defendant has no record of the same crime and there is no record of the crime exceeding the fine) ;

1. One to seven years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime (Obstruction of Performance of Official Duties) Type 1: Obstruction of Performance of Official Duties (No. 1) / Forced Performance of Official Duties (No. 2) The basic area of the recommended range and the scope of the recommended range (no. 6 months to June);

(b) The basic area of the recommended range and the basic area of the recommended range of concurrent crimes (one month of imprisonment to ten months); and

(c) Six months to one year, respectively, of imprisonment with prison labor for a range of recommendations according to the standards for handling multiple crimes;

3. Determination of sentence, the age and criminal background of the defendant, relation to the victim, and the crime;

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