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(영문) 대구지방법원 안동지원 2016.10.04 2016고단302

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 17:20 on May 3, 2016, the Defendant fashed the fash in the D School playgrounds located in Ansan-si, Dongdong-si, where the Defendant was asked of personal information from the police officer F, a police officer belonging to the Dong-dong Police Station E-gu, who was called for, and asked of personal information from the police officer belonging to the Dong-dong Police Station E-gu, the Defendant fashed at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year) of the obstruction of performance of official duties (in the case of coercion of performance of official duties) shall be the category 1 (in the case of coercion of official duties).

2. The fact that the Defendant recognized the instant crime and that the degree of violence used by the Defendant is not much serious can be considered in light of the circumstances favorable to the Defendant.

However, in order to protect legitimate performance of official duties and to establish sound social order, the crime of obstruction of performance of official duties of the State requires strict punishment, and the fact that the defendant's records of punishment for the same crime are three times and are likely to repeat the crime is likely to be high, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various circumstances that are the conditions for sentencing indicated in the records, such as the circumstances after the crime, etc.