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(영문) 인천지방법원 2019.09.06 2019고단4833
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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 June 17, 2019, the Defendant: (a) around 02:32, around the Gun Park, in front of the Do Park in Seo-gu, Incheon, Seo-gu, Incheon, and 10-2, flabed the city expenses, and flabeded the city expenses to the driver of the vehicle, who was in the middle of 112, who was dispatched to the front of the Do Park, and was dispatched to the front of the Do Park in front of the Do Park, Seo-gu, Incheon, Seo-gu, Incheon, and was in the middle of 112.

Accordingly, the defendant assaulted police officers to interfere with the performance of duties by police officers on 112 report processing and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to notify departments related to 112 case reporting;

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

1. Article 62 (1) of the Criminal Act;

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

1. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendation field and recommendation range] there is no person subject to the coercion of official duties] (the scope of recommendation field and recommendation range] basic area, six months to one year and six months;

2. The Defendant’s act of sentencing is highly likely to be subject to criticism in that it not only prevents the police officer’s duty to maintain order, but also promotes a light of legal order and public authority.

However, the defendant is currently recognizing and opposing his mistake, and the defendant seems to have committed the crime of this case in a state of psychological anxiety due to poor circumstances.

There is no specific penalty power for the accused.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, degree of exercise of force against police officers, and circumstances after the crime, etc. are determined lower than the sentencing guidelines as ordered by considering all the circumstances revealed in the trial process.

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