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(영문) 인천지방법원 2020.11.13 2020고단5410
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 11, 2020, at around 00:37, the Defendant was urged by police officers D, police officers belonging to the Incheon Jung-gu Police Station, and police officers of the Incheon Jung-gu Police Station to pay a taxi fee and to have she returned home,” who called the Defendant on April 11, 2020, reported that he did not pay a taxi fee at the parking lot prior to the police box located in Jung-gu Incheon, Jung-gu, Incheon, to neglect it, took a bath for police officers, took a bath for police officers once, she was able to take her hand on one occasion, and continued to her left hand on one occasion, she opened the left top of the police box, she invadedd the her part of the ice D by breaking the her part.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to photographs of victimized police officers;

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act;

1. Standing concurrence: Selection of a sentence under Articles 40 and 50 of the Criminal Act: Selection of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order of community service: The defendant's crime is hot when considering the circumstances and methods of the crime of sentencing under Article 62-2 of the Criminal Act;

However, considering the fact that the defendant is against the defendant, there is no past history of punishment heavier than that of punishment or fine imposed for the same kind of crime, the punishment as the order shall be determined in consideration of all the circumstances that are conditions for sentencing, such as the age and environment of the defendant.

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