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(영문) 대구지방법원 2017.06.01 2017고단1493
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 became final and conclusive.

Reasons

Punishment of the crime

On March 8, 2017, the Defendant was issued a penalty notice of violation of the Road Traffic Act on the ground that he was using a mobile phone while driving a private taxi on the “entry of Bridge,” located in the Daegu Northern-gu Nowon-gu Nowon-gu, Seoul, Seoul, where traffic control was on the road.

The Defendant, as the principle, is why I am "I am under the control of why I am gue.

“To the end,” and assaulted the shoulder of the above C with the left hand.

As above, the Defendant interfered with police officers’ legitimate performance of their duties in relation to traffic control and the prevention of traffic hazards.

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the statutes governing the re-issuance of penalty notice;

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 in the basic area (six months to one year and six months), (special mitigation) (special mitigation) / Where the degree of violence, intimidation, deceptive scheme, or obstruction in the performance of public duties is insignificant / The motive for committing an offense that may be subject to criticism;

2. Circumstances unfavorable to a decision of sentence: A favorable circumstance in which the defendant raised a complaint against traffic control by a police officer against him/her and commits the instant crime in light of the motive and circumstances leading up to the relevant crime: The degree of assault is relatively minor. Taking into account all the circumstances, such as the defendant's age, occupation, sex and environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., and the conditions of sentencing, such as the criminal defendant's age, occupation, sex and environment, family relationship, motive and consequence of the crime, etc.

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