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(영문) 인천지방법원 부천지원 2019.06.20 2019고단895
공무집행방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 7, 2019, at around 03:20 on March 7, 2019, the Defendant continued to move to an emergency room while leaving the emergency room in front of the C Hospital emergency room located in Kimpo-si, and continued to move to the emergency room after having been reported by the employees of the above hospital. During the 112 report, the Defendant recommended that the slope E (the age of 36) belonging to the D Zone Unit of the Kimpo Police Station called “the patient’s guardian fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of partial police officers against the accused (one time, two times);

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

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [the range of recommendations] [the scope of punishment of recommending] the basic area [the scope of punishment of recommending] 6 months from 6 months to 1 year and 6 months; and

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, and other conditions specified below, such as the age, character and conduct, environment, circumstances of crimes, circumstances after crimes, and all the conditions of sentencing specified in the pleadings of this case, shall be determined as the order.

Unfavorable circumstances: Impacting a disturbance in front of the emergency room in which the wife inflicts an injury on the wife due to a traffic accident while driving under his/her influence while being hospitalized by the wife.

The issue is a food price for the police officer dispatched, and it is not easy to do so.

The favorable circumstances: It is not a planned obstruction of performance of official duties.

There is no record of punishment for the same or similar crime.

In lieu of crimes, the crime was led to confession.

The mistake is divided.

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