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(영문) 대구지방법원 2017.12.14 2017고단5593
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 September 28, 2017, the Defendant: (a) under the influence of alcohol in front of a small object C in the Daegu Suwon-gu, Daegu Suwon-gu B, the Defendant: (b) was under the influence of alcohol in front of a disturbance, such as walking the entrance of the said store, and received a report from 112; and (c) asked the reasons why the slope E entrance of the Daegu Suwon-gu, Suwon-gu, Police Station Down, which was called up, was set up by the Defendant; and (d) “I” to the E.

“Along with the 112 Report Processing by a police officer, the police officer interfered with the legitimate performance of official duties concerning the handling of the 112 Report, etc., by assaulting him/her, such as taking a bath as “, frighting him/her to his/her face, placing him/her drinking, and walkinging the E twice

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)

2. Circumstances unfavorable to the determination of sentence: A favorable circumstance in which the nature of the crime does not be light in light of the subject and circumstances of the instant crime: The degree of interference with official duties is relatively insignificant. A damaged police officer expresses his/her intention not to have the criminal punishment of the Defendant. Taking into account all the circumstances, such as the Defendant’s age and occupation, the motive and background of the crime, the means and consequence of the crime, and the circumstances after the crime, etc., in which the sentencing conditions are attached, such as the punishment of the Defendant, and the circumstances after the crime, etc.

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