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(영문) 인천지방법원 2019.07.25 2019고단3826
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 24, 2019, at around 12:47, the Defendant, at the office of the residents' welfare and the Integrated Management Team of the second floor of the C-Gu Office in Incheon, was notified of the suspension of the eligibility for basic livelihood eligibility from the victim D (the age of 41) of the public officials of Grade 7 in charge of social welfare work at the office, and caused injury to the victim D by drinking alcohol, finding the above office, and taking the face of the victim D by hand, making it possible for the victim D to take care of the shoulder of the victim D by drinking, and taking care of the shoulder of the victim D for two weeks.

As a result, the defendant interfered with legitimate performance of duties related to the social welfare affairs of public officials and at the same time injured the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each investigation report (to submit medical records ofCCTV image analysis and witness D);

1. A counseling statement;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes on the site, victim photographs, and CCTV closure screens;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

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

(a) Basic Crimes (Determination of Punishment) [Obstruction of Performance of Official Duties] Obstruction of Performance of Official Duties / [No. 1] Pressure of Performance of Official Duties / [Special Aggravation of Punishment] Aggravation of Aggravation of Crimes: In the aggravated area of motive for crime [the scope of recommending area and recommendation] aggravated area, 1 to 4 years of imprisonment;

(b) An aggravated element of general injury [Class 1] general injury (special injury] in relation to basic crimes and ordinary concurrent crimes: In the case of obstruction of performance of official duties (in the case of obstruction of performance of duties, the area of recommendation and the scope of recommendation), 6 months to 2 years and 6 months.

C. The scope of recommendation according to the standards for handling multiple crimes: since each of the above crimes has an ordinary competition relationship for at least one year, the person directly subject to the sentencing guidelines.

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