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(영문) 인천지방법원 부천지원 2019.08.22 2019고단1412
공무집행방해
Text

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

Reasons

Punishment of the crime

On April 6, 2016, the Defendant was sentenced to imprisonment for four months with prison labor for an injury at the Seoul Southern District Court, and the execution of the sentence was completed on August 5, 2016 at the Seoul Southern Southern District Court.

On April 14, 2019, at around 02:40, the Defendant assaulted twice as a drinking drinking to the Defendant on the ground that the Defendant, who was under the influence of alcohol in the restaurant and was dispatched to the site after receiving a report from 112 to the other customers, was able to attract the Defendant to return home.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. A copy of the work log;

1. Previous records: Application of Acts and subordinate statutes on criminal records, correspondence records and personal confinement status;

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

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

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: Determination of sentence: Determination of sentence shall take into account all the sentencing conditions shown in the arguments of the instant case, such as the following circumstances in four months of imprisonment, and the age, character and conduct, environment, circumstances of the crime, and circumstances after the crime. However, determination of sentence within the sentencing guidelines recommended by the Sentencing Committee for the Supreme Court is somewhat harsh to the defendant. Thus, determination of sentence shall go beyond the lower limit and be made as set forth in the Disposition.

The favorable circumstances: It cannot be seen as a planned obstruction of performance of official duties.

The crime was led to confession.

The attitude of misunderstanding was shown.

The efforts were made to prevent recidivism, such as ordering.

It is a written agreement that police officers who have been assaulted will take the defendant's seat.

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