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(영문) 대구지방법원 경주지원 2017.05.10 2017고단69
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 26, 2017, at around 23:35, the Defendant, while under the influence of alcohol at D Ssing Meeting at Psing Meeting on the issue of payment of the drinking value, was sent to the Defendant after receiving a report from the owner of Singing Singing Singing Singing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Sing Singing Sing Sing Singing Sing Sing Sing Singing Sing Sing Singing Sing Singing Singing Sing Singing Singing, “I sing the drinking value and returning home”, and “I sing Sing

As a result, the Defendant committed violence against police officers F and G, thereby neglecting the legitimate performance of duties of police officers with regard to the handling of reported cases by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G, H and F;

1. Application of Acts and subordinate statutes governing the handling of internal investigation reports, work logs, and 112 reported cases;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act provides that a case where a defendant, who is working as a voluntary member of the crime prevention group for the reason of sentencing under Article 62(1) of the suspended sentence, uses violence against a police officer in the course of performing official duties

However, considering the fact that the defendant is against the defendant, the fact that the defendant agreed with G among the damaged police officers, the fact that there is no record exceeding the fine, and the degree of exercise of the defendant's tangible power, the punishment as the order shall be determined in consideration of all the sentencing factors in the trial of this case

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