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(영문) 대구지방법원 2017.06.22 2017고단2531
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 12, 2017, the Defendant was sentenced to a suspended sentence of six months for a violation of the Electronic Financial Transactions Act by the Daegu District Court, and the said judgment became final and conclusive on May 20, 2017.

The Defendant, at around 08:20 on May 7, 2017, hereinafter “C Singing room” in the Sinsan City B, the Defendant, upon receipt of a report from E, who was sent to the Defendant due to the payment of the drinking value, and on receipt of a request for returning to the Republic of Korea from the police officer affiliated with the Gyeongsan Police Station D District of the Gyeongsan Police Station, the Defendant: (a) stated that “The Defendant: (b) the Defendant: (c) was friend; (d) friend; (c) friend; (d) friend; (d) friend; (d) friend; (e) friend; (e) friend; (e) friend; (e) friend; and (e) friended friend; and (e) friend E, recommended the Defendant to return to the Republic of Korea; and (d) expressed that the Defendant interfered with legitimate performance of duties concerning the prevention and investigation of a crime by a police officer, by assault.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the F and G respective 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Although the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is not good in the form of a crime that interferes with the performance of official duties by assaulting a police officer who was called out due to the drinking price problem, the punishment as ordered shall be determined by comprehensively taking into account all the factors such as the defendant's age, sexual behavior, environment, motive or circumstance of the crime, circumstances after the crime, etc., and all the conditions of the punishment, including the following: (a) the recognition of the crime in this case is contrary to the mistake; (b) the violation of the Electronic Financial Transactions Act as stated in the judgment that became final and conclusive; and (c) the concurrent relation between the crime in violation of the Electronic Financial Transactions Act and the group after

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