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(영문) 대구지방법원 안동지원 2018.01.12 2017고단684
공무집행방해
Text

1. The punishment of the defendant shall be eight months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On October 12, 2017, when the Defendant was under the influence of alcohol in front of the D convenience store located in Ansan-si C around 22:35 on October 12, 2017, the Defendant took a 112 report of the juncian, and obstructed a police officer’s legitimate execution of duties concerning the handling of the reported case, when he took a 112 report of the juncator, who was dispatched to the site, to the safe place, and G was trying to have the Defendant move to the safe place.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each internal investigation report and accompanying materials;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Recommendations based on the sentencing criteria;

(a) Determinations of types: interference with the execution of public services, interference with the performance of public services, and one type (Interference with or coercion of the performance of public services);

(b) Determination of the recommended territory: Basic territory;

(c) Scope of recommendations: Imprisonment with prison labor for up to six months from one year and six months;

2. Determination of sentence of this case is not appropriate in light of the method, etc.

In addition, even though there was a history of punishment for multiple violence crimes, including that the defendant was punished once by the obstruction of the performance of official duties, the crime of this case has been committed.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no history of criminal punishment for the past eight years against the defendant.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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