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(영문) 대구지방법원 포항지원 2015.05.21 2015고단101

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 December 17, 2014, the Defendant was under the influence of alcohol on the back seat of the D-Wing-C-Wing-Wing-C-Wing-Wing-Wing-Wing-Wing-Wing-Wing-C-Wing, the agricultural parking lot located in the Nam-gu Do-dong, Nam-gu.

C around 19:50 on the same day, while driving the above vehicle at that time, he was found to be the defendant, and was sent to the F box located in South-gu E at the port of port at around 19:50.

While the police boxes belonging to the above police box G returned home to the defendant, the defendant did not go to the house, and the defendant did not go to go to the house, saying, "B shall go to go to, and go to, the Ha, Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. Ha. The police officer continued to live in the bomb of the gran of the gran of the police box and interfered with legitimate execution

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to a investigative report (to attachCCTV images);

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of imprisonment;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] Where the scope of mitigation (one month of imprisonment or eight months of imprisonment) (special mitigation) [Special Mitigation] of the scope of violence, intimidation, and deceptive scheme is minor (the decision of sentence] in light of the fact that the defendant assaults a police officer performing his/her duties in the police box without any justifiable reason while he/she takes a bath while doing so within the police box.

However, in light of the fact that the defendant has no particular criminal history, the defendant seems to have committed the crime of this case in a situation where the body is good while in flight, the error is against the defendant, and the various sentencing factors recorded in the records, such as the defendant's age, character and conduct, environment and circumstances before and after the crime, the punishment for the defendant shall be determined as ordered within the scope of recommendation.