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(영문) 대구지방법원 2016.01.28 2015고단5953
공무집행방해
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 21, 2015, at around 00:35, the Defendant: (a) reported that the Defendant was under the influence of alcohol on the road in front of the Maart-si B, 00:0:0,000, and (b) tried to see the head of the said E due to be the beer’s disease being frighted in the Defendant’s hand; and (b) subsequently, the Defendant attempted to sell the E in front of the said elevator to take a measure to turn back the Defendant back to the same 105,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the photographic 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. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is the fact that the defendant had been punished twice as the same military force, but again leads to the crime of this case, obstructing the performance of official duties by police officers who returned home to the defendant, and thus, the quality of the crime is not good. However, the major circumstances such as the fact that the case is minor because the police officer does not physically assault the police officer, the fact that the defendant's mistake is divided and reflects the fact that the defendant is living together with his wife, and the defendant is living together with his wife, and other circumstances such as the motive, circumstance, means and method of the crime of this case, the situation before and after the crime, the defendant's age, sex, career, environment, etc. as shown in the argument of this case, shall be determined as the sentence as per the Disposition.

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