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(영문) 대구지방법원 포항지원 2017.11.02 2017고단1043

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2017, at around 07:10, the Defendant: (a) recommended the Defendant to return to the Republic of Korea, while drinking alcohol in front of C’s emergency room located in Nam-gu, Nam-gu, and reported 112, the circumstances belonging to the D District Police Station of the Southern Port Police Station of the Republic of Korea, which called “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhnnnnnnnnnnnnnnnnnn

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommended punishment] The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] shall be taken into account, such as the violation of Article 62(1) of the Act on the Suspension of Execution of Official Duties and the violation of Article 62(1) (Obstruction of Performance of Official Duties and Forced Performance of Duties)