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(영문) 인천지방법원 2019.09.19 2019고단4830
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On May 31, 2019, at around 03:20, the Defendant: (a) received a report from 112 that he/she was in front of the restaurant located in the Namdong-gu Incheon Metropolitan City, and sent to the same place; and (b) received a report from 112 that he/she was in front of the restaurant; and (c) received a report from the reporter, and heard the reporter’s statement, the Defendant: (d) “I am out where the car was lost; and (d) I am out of the Incheon Southern Police Station E-gu, Incheon; and (d) I am out of his/her mobile phone with the answer that he/she would help another person receive the loss of the report at all.” (e.g., 112) I am in front of the restaurant; and (e) I am out of his/her cell phone to the reporter and the Defendant, who tried to separate him/her from the reporter and the Defendant.

As a result, the defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties on handling reports and preventing crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the G production;

1. A report on internal investigation (verification of a DNA camping image);

1. 112 Application of Acts and subordinate statutes concerning reported matters;

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

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. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Convicts]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment;

2. In light of the contents and circumstances leading to the instant crime, the Defendant’s speech and behavior at the time, etc., the sentence of sentence is deemed inferior;

It has been punished for violent crimes.

However, the defendant shows the current attitude of being aware of and against the defendant's crime, and the degree of the type of force directly used by police officers is relatively weak.

. The above.

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