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(영문) 인천지방법원 2019.10.25 2019고단6105
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 30, 2019, the Defendant: (a) around 02:45 on May 30, 2019, the Defendant: (b) demanded D-si operated by the Victim C (year 67) in the Southern-gu Incheon Metropolitan City, to take a seat of the “F Elementary School located in Michuhol-gu E” in Incheon, Michuhol-gu; (c) assaulted the victim at one time at the left face of the victim’s hand when the victim took a bath to “F elementary school located in Michuhol-gu, Incheon; (d) the victim’s arrival at his/her destination changed fees; and (e) the victim expressed that

2. On May 30, 2019, the Defendant: (a) around 02:55, at the front of the foregoing F Elementary School; (b) requested the head of the police box belonging to the Incheon Michuhol-gu Police Station that received 112 a report to present his/her identification card; (c) H expressed his/her desire, such as “this spulpule, spule, and spule,” and assaulted H’s chest part at one time by drinking her finger.

Accordingly, the defendant interfered with police officers' performance of duties concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and H;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of taxi booms);

1. Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning 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 on probation and community service order (the scope of recommended sentences according to sentencing guidelines);

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months;

(b) Second crimes (decision of types of violence) (decision of types of violence) and violence crimes [Class 1] and there is no general violence [specific person] [the scope of recommendation field and recommendation range] basic area, imprisonment with prison labor for two months to October;

(c) Scope of recommendations according to the standards for handling multiple crimes: the maximum of crimes No. 1 of June through November 2.

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