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(영문) 인천지방법원 부천지원 2020.02.11 2019고단3440 (1)
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 September 20, 2019, around 21:35, the Defendant was boarding a taxi in the vicinity of the C Elementary School located in Bupyeong-si B, Bupyeong-si, B, and arrived at D apartment, his residence, but continued to be locked without paying the taxi fee. Accordingly, E, who is a taxi driver, was on board the Defendant in the taxi and became on the G district located in the F in Seocheon-si, Busan.

At around 21:45 on the same day, the Defendant, at around 21:45 on the same day, conspiredd the Defendant to pay the taxi fee and return home to the police station G District G District G District G District H, i.e., “I am son,” “I am son,” “I am son,” “I am son,” and “I am am son,” and assaulted the Defendant’s left side of H two times.

Accordingly, the defendant assaulted H, a police officer, and obstructed the legitimate performance of official duties concerning police officer's duty in the military.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol of statement by the police of H (if the list of evidence is mistakenly stated I, it is stated I);

1. E statements;

1. Investigation report (verification of a facamp and video data);

1. Application of the Act and subordinate statutes on Work Hours in the G District;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

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.

D. Unfavorable circumstances: The degree of interference with public duties is not weak due to the two-time cases of the police officer who recommended him/her to return home before the police box, and the method of crime is insulting.

A favorable condition:

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