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(영문) 대구지방법원 김천지원 2018.01.16 2017고단1631
공무집행방해
Text

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

Reasons

Punishment of the crime

[criminal history] On January 15, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in support of the Daegu District Court Kimcheon, and was sentenced to a suspended sentence of two years for a period of imprisonment on August 21, 2014. On January 16, 2015, the Defendant was sentenced to six months by the same court, and was sentenced to a suspension of execution on August 16, 2015, and the said sentence became final and conclusive, and the execution of the sentence was terminated on October 16, 2016.

[Criminal facts] On October 28, 2017, the Defendant: (a) around 21:45 on October 28, 2017, at C main points located in Gumi-si B; and (b) “Is the customer fright to sleep under the influence of alcohol.”

The 119 emergency treatment members, who were dispatched after receiving the report of 112, was solicited to return home from the police officer E and policeman F, a police officer belonging to the police station of the previous U.S. police station, to return home at the police station of the above police station, and went beyond the floor of the above police station, and called the above E upon receiving the report of the above E, were dispatched.

At around 22:25 on the same day, the Defendant expressed the above 119 first-aid crew members of the 119 Emergency Medical Service, “I am fest fest fest fest fest fest. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A stop for performing the duties of a police box;

1. Investigation report (to attach a mark to the processing of a reported case);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (the confirmation of such previous convictions), investigation report (the confirmation of repeated crimes) and Acts and subordinate statutes;

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 Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [the scope of the recommended punishment] The area of mitigation (one month to eight months) (special mitigation (special mitigation)] is the area of mitigation (a person who interferes with the performance of official duties).

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