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(영문) 대구지방법원 2017.12.07 2017고단5724

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 5, 2017, the Defendant: (a) destroyed property damage at the D main points operated by the Victim C in Daegu Northern-gu, Daegu-gu, Daegu-gu, about 04:40 on October 5, 2017, the Defendant, under the influence of alcohol, d main points operated by the Victim C, fluencing the victim with a view to 20,000 won of the market price, which was the victim’s possession on the Kabter, was 4 to 5 occasions off

2. The Defendant interfered with the performance of official duties in F District located in Daegu Northern-gu, Daegu-gu, 05:00 on the same day, G was voluntarily accompanied by the police officers who received 112 reports for the same reasons as the above 1.1, and were dispatched to the police officers, who demanded the police officers to return home from G on the same day.

The inside of the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu and the Gu.

G Assaultd once on the right part of the G elbow, and obstructed the police officer's legitimate execution of duties concerning the handling of report, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to G and C

1. Article 366 of the Criminal Act applicable to the facts constituting an offense and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Scope of the recommended punishment in accordance with the sentencing guidelines - Category 1 (Obstruction of Execution of Official Duties) - Where the scope of the reduced area (i.e., one month to eight months) (ii) the reduction area (i.e., interference with performance of official duties) (i., one month or eight months) / (ii) the degree of violence, intimidation, deceptive scheme, or interference with official duties is minor, the degree of interference with the execution of official duties is minor: the range of the recommended punishment / [ii) the special mitigation area (i.e., one month or six months) / (ii) the special mitigation area (i.e., one month or six months) / the special mitigation area (including special mitigation person] where the actual minor damage is minor, or the final sentencing area based on the aggravation of multiple crimes: January or November :

2. Determination of sentence -