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(영문) 대구지방법원 2016.04.26 2015고단6097

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2014, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic law in the Seo-gu District Court Branch of the Daegu District Court on March 21, 201, and was sentenced to a suspended sentence of two years for a violation of road traffic law, and the judgment was finalized on September 26, 2014.

On December 5, 2015, the Defendant: (a) 20:56 around 20:56, the 193 bus stops in front of the bus stops in Daegu-gu, Daegu-gu, 193; and (b) 2 persons, including C, etc., belonging to the police station B of the Daegu-dong Police Station, dispatched upon receipt of a report from the principal under 112 that he was under influence of alcohol on the street; and (c) “B, where the head of the household, she was under the influence of drinking, she shall be on the front of the bus stops;

The vehicles are likely to sit on the road to pose risks on the road;

As the house is called as "where it is, it takes place on the street," and the above circumstances C expressed that "I am frien, Ne, I am to the right side," and assaulted on the right side, and interfered with the police officer's legitimate execution of duties concerning prevention, suppression and investigation of crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A detailed statement of work conducted in the B district, and a detailed statement of the case to be reported;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (report during the period of suspension of execution);

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 136 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall interfere with the performance of public duties, and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the basic area;

2. Consideration - Circumstances that take into account: A reflectivity, without the same kind of offense - Unfavorable circumstances: Before and twice during the suspension period of the execution of the instant crime, various sentencing conditions recorded in the records of the instant case, such as the Defendant’s age, sex, health conditions, home environment, motive, means, consequence, and circumstances after the commission of the instant crime;