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(영문) 대구지방법원 2017.08.17 2017고단2925

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 25, 2017, the Defendant was notified on the ground that he was drunk from a slope D (47 years old), a police officer belonging to the Daegu East Police Station C District, etc., who was called out after receiving a report from 124 high-level and 112 on the front side of the 101 East-gu, Daegu East-gu, Daegu-gu, and 12 of the 101 East-gu, the Defendant was subject to a disposition of notification on the ground that he was under the influence of drinking, and that he was trying to open and board the chief flab, “A flab, where any.”

The water filling shall be included in D, C, C, and B.

“Abundance” and “abundance, I do not have any further,”

“Absent noise and intimidation, and assaulted the front door of the patrol vehicle that D continued to get on board by drinking once a week, and the front door part of the right side of the patrol vehicle, such as the vehicle in front of the right side of the patrol vehicle, etc.

Accordingly, the defendant interfered with legitimate execution of duties concerning the dispatch of 112 reported police officers and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to identification cards and copies of work sites;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment with prison labor, and the reasons therefor;

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)

2. Circumstances unfavorable to the decision of sentence: The defendant committed the instant crime without being aware of, and at the same time, even though he was under suspension of execution for the same kind of crime;

A normal situation in which the nature of the crime is favorable, such as committing a crime with a complaint against a notification disposition, is recognized and against the defendant. The degree of assault is relatively minor because it does not directly use the police officer’s assault. This is the case where the defendant was adjudicated simultaneously with a case pending in the final appeal due to a crime at a similar time.