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(영문) 인천지방법원 2018.12.20 2018고단8135
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2018, at around 05:15, the Defendant got fighting in front of the convenience store located in Bupyeong-gu Incheon Metropolitan Government B.

Upon receiving the report of 112, “A police officer belonging to the Incheon Bupyeong Police Station D's District D', who was called for, sought a disturbance to return home, and cross the roadway, and sought to cross the roadway. Accordingly, the above E committed assault, such as ppuri of the above E and drinking, when the Defendant was on the part of the above E.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: 4 months of imprisonment with prison labor, and 1 year of suspended sentence, the Defendant committed an act against public authority, even in order to establish a national legal order and eradicate the light of public authority, it is necessary to strictly punish the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the Defendant appears to have committed the instant crime contingent; (c) the Defendant appears to have no particular criminal history, other than having been suspended twice; (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (e) the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., shall be determined as ordered.

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