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(영문) 전주지방법원 2017.08.11 2017고단500
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2017, at around 23:50, the Defendant, on the front side of “D Mart” located in Seojin-gu, Seojin-gu, Seojin-gu, Seoul. The Defendant reported that the Defendant was under the influence of alcohol and obstructed the business, and the Defendant, upon receiving a report from 112, tried the Defendant to take the Defendant’s cell phone defects and the cell phone from the Defendant’s cell phone to the Defendant’s wife in order for the Defendant to return home.

Defendant 1, who was called together with the above F, was able to move to the police box with the above F, and obstructed the police officer’s legitimate execution of duties concerning the mobilization of the report by 112, considering the defect and the hand floor of the above G at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. The basic area (referring to six months to one year and six months) of the sentencing criteria shall interfere with the examination of the sentencing criteria (the scope of recommended punishment) and the execution of official duties;

2. The degree of exercise of tangible power is not easy due to unfavorable circumstances to the determination of sentence, and the crime of obstructing the performance of official duties is not good to obstruct the legitimate exercise of public authority.

The favorable circumstances include the fact that the defendant recognizes the crime of this case, and that the defendant has no record of criminal punishment exceeding the fine.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.

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