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(영문) 대구지방법원 포항지원 2018.07.05 2017고단1300
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 7, 2017, the Defendant: at the “D” restaurant located in Nam-gu, Nam-gu, Seoul at around 19:50 on October 7, 2017, the Defendant confirmed the details of the report by the assistant F of the police box affiliated with the police box located in the Southern Port, the Defendant called up after receiving a 112 report that the Defendant would avoid any disturbance without calculating the food value; and then, the Defendant informed the Defendant of the payment of the penalty due to the violation of the Punishment of Minor Offenses Act (pacting) along with the expression of the defect.

The death shall be discarded without fail.

“Along with the sound, the 112 police officer’s lawful performance of duties concerning the handling of the 112 report was obstructed by assaulting the police officer, such as duplicating the batf’s slope in hand and breaking the bridge.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the respective Acts and subordinate statutes of G and H

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

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (the interference with the performance of public duties and coercion of duties) of the first type (the interference with the performance of public duties and coercion of duties) is nonexistent;

2. The nature of the crime of this case in light of the contents of the crime of this case in which the police officer, who performs his/her duties with legitimate execution of sentence, takes severe bath to E and uses violence, shall not be mitigated;

However, the degree of the assault of this case is not much important, the fact that the degree of the assault of this case is not serious, the fact that the mistake is recognized, the fact that there is no record of the crime exceeding the fine, etc., and other factors of sentencing, such as motive, means and result that led to the crime of this case, circumstances after the crime, the defendant's age, sexual behavior, environment, etc., are to be taken into account, and the execution of imprisonment is suspended within the scope of the recommended sentence, and the sentence is determined as per the order

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