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(영문) 인천지방법원 2019.07.24 2019고단2369
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

1. On April 7, 2019, the Defendant: (a) around 20:30 on the street B in Bupyeong-gu, Incheon, Bupyeong-gu; (b) reported that there was a sight between a passenger and a pedestrian, and demanded the police officer dispatched to return home from the border D belonging to the Samsan Police Station C District Unit of the Samsan Police Station, who was flusing a vision under the influence of alcohol; and (c) the Defendant flusing the Defendant with a sound as a "non-taxation of tax base" and the right blus of tax base; and (d) calculated once the front eye of E belonging to the said blus.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases, crime prevention and criminal investigation by police officers.

2. While the Defendant, at the time and place specified in paragraph 1, she saw “a bit of bitch bitch bitch bit of bitch bitch” to the police officer affiliated with the Samsan Police Station C police box, who is the victim, at the time and place.

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 136(1) of the Criminal Act and Article 311 of the Criminal Act concerning criminal facts (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment (the point of insult and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (to the extent that the punishment is added up with the maximum term of two crimes), among concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second (Determination of Punishment) Crimes of Defamation. [Attachment 1] There is no general insult [Attachment 1] (the scope of recommending and recommending punishment] (the scope of recommending area and recommending punishment] basic area; imprisonment with labor for two months to eight months;

(c)the guidelines for multiple crimes;

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