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(영문) 대구지방법원 2017.11.23 2017고단5156

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

On September 13, 2017, the Defendant: (a) was under the influence of alcohol in the Defendant’s residence B B 201 Dong 902, the Defendant was found to have failed to verify the details of the Defendant’s report against the Defendant’s children on September 13, 2017.

In this sona Daba Ma, C. C. C. Maba Ma, I threatened D with D’s body two tights and her hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Investigation report (related to attachment of motion pictures taken at the time of arrest of the suspect A);

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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. Consideration unfavorable to the determination of sentence: The circumstances that are favorable to the nature of the crime in light of the background of the crime in this case: The degree of obstruction of assault and official duties exercised by the defendant is relatively minor. Taking into account all the circumstances, such as the defendant's age, occupation, sex and environment, motive, background, means and consequence of the crime, and circumstances that form conditions for sentencing, such as the defendant's age, occupation, sex and environment, motive and consequence of the crime, and circumstances after the crime, etc.