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(영문) 인천지방법원 2020.08.20 2020고단5296
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 22:03 on May 18, 2020, the Defendant expressed his desire to go home from the police officer D, who was called to go home, and expressed his desire to go home from the police officer D, who was called to go home, and acted to go home from the police officer D on May 18, 202, the Defendant committed an act, such as taking patrol knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a police statement of the defendant regarding D's legal statement, 112 Report Processing Bags, video CDs, and photographs;

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

1. Scope of applicable sentences under the Act on the Grounds for Sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "contributative circumstances") : One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] There is no obstruction of performance of official duties or coercion of official duties (special person] (the scope of the recommended area and the recommended punishment] basic area, six months to one year and six months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for eight months, and conditions unfavorable to a suspended sentence for two years: The crimes of obstruction of performance of official duties need to be done solemnly in order to establish public authority and protect legal order.

A favorable circumstances: The defendant recognizes a crime.

There is no record of the same crime.

The punishment as ordered shall be determined by taking into account all the sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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