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(영문) 대구지방법원 김천지원 2015.04.22 2015고단150

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 9, 2015, at around 15:40, the Defendant: (a) was frighting a disturbance under the influence of driving and drinking on the frontway in the Gumi-si B; (b) was urged to return home from E in the circumstances where the police box affiliated with the Gumi police station, which was called upon 112 report and called “a fright fright head to satt satt” to E; and (c) was satched twice in drinking, after putting the head debt of E, the Defendant sat down the fright of E by sating the fright.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the sentencing criteria are applied [Scope of recommending punishment] and the extent of violence, intimidation, and deceptive scheme is insignificant in the mitigation area (one month to eight months) (special mitigation person], the mitigation area (one month to eight months), the reduction area (special mitigation person), the reduction area;

2. Determination of sentence: A sentence shall be determined as ordered by the court, comprehensively taking into account the following factors: a suspended sentence of four months; a defendant's 40-hour social service, a defendant's misunderstandings his mistake, the exercise of force against a police officer, the fact that there is no history of punishment exceeding a suspended sentence; there is no record of punishment for the same crime; and there is no record of punishment for the same crime; and other various sentencing conditions shown in the records and arguments of this case, including the defendant'sNa, character and behavior, environment, and circumstances after the crime of this case.