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(영문) 인천지방법원 2020.07.24 2020고단2892
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 20:00 on March 17, 2020, the Defendant committed assault against the sloping D belonging to the Incheon Michuhol-gu Police Station C district unit of the Incheon Michuhol-gu Police Station to return to the patrol vehicle after receiving a report of 112 and listening to the circumstances of the case, and after listening to the situation of the case, the Defendant assaulted the above D’s left face face part of the patrol vehicle one time as drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reporting duties and the maintenance of order.

2. At around 23:13 on the same day as indicated in the above Paragraph (1), the Defendant damaged public goods by removing coods for the protection of the person in custody equivalent to KRW 200,000,00,00,00,000, in the Michuhol-gu Incheon Michuhol-gu, Incheon, and the Criminal Party Office of the Michuhol Police Station, who was arrested in the suspect’s air room under suspicion of obstruction of performance of official duties, such as the foregoing Paragraph (1), and was transferred to the suspect’s air room, on the ground of the occurrence of the chemical accident, and damaged the coods by removing them into two hands.

Accordingly, the Defendant damaged public goods used by public offices.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a report on internal investigation (No. 9 in the order of evidence), investigation report (No. 18 in the order of evidence);

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Imprisonment with prison labor for a period from January to June 10, within the scope of punishment by law;

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

A. Basic Crimes (Obstruction of Performance of Official Duties) (1) The types of obstruction of performance of official duties shall be sentenced to imprisonment with prison labor for the basic area of the recommended area and the scope of the recommended range of punishment.

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