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(영문) 인천지방법원 2020.06.19 2020고단2624
공무집행방해
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

At around 23:00 on March 5, 2020, the Defendant assaulted the Defendant at the Defendant’s house located in the Seo-gu Incheon Seo-gu Incheon Building C, that was, at the time of domestic violence No. 112 reported and sent to the Incheon Western Police Station D District Unit of the Incheon Western Police Station, and when the E and slopeF wanted to interfere with the reporter G, “I will not interfere with the South’s home day, she will go from the South’s home, she will go back to the Korean house, she will not go back, she will go back to the present house, she will go back at the present house, and she assaulted the Defendant at the Defendant’s house located in the Seo-gu Incheon Seo-gu Incheon Metropolitan City building No. 112, one time in the blue blue.

Accordingly, the defendant interfered with police officers' legitimate execution of duties concerning the handling of domestic violence 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Reporting to a department related to reporting 112 cases;

1. Application of statutes on photographs of damage;

1. Relevant Article 141(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The scope of recommendations according to the sentencing guidelines [decision of types] the crimes of obstruction of the performance of official duties: [No person shall be subject to punishment] the invalidation of public goods [No person subject to punishment] (the scope of recommendations and recommendations]; the basic area of recommendations and recommendations; six months to one year and six months;

2. The sentencing conditions stated in the records of this case, including the Defendant’s age, character and conduct, family relationship, home environment, motive and means of committing the crime, and circumstances after committing the crime, including the fact that the Defendant had no criminal conviction more than a fine, shall be determined as ordered in full consideration.

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