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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1383
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 September 23, 2017, at around 05:13, the Defendant: (a) 112 reported that the Defendant was able to drink alcohol in front of the autonomous crime prevention unit, which was 43-7, in the north-gu, North Do-ro 43-7, in the middle of that autonomous crime prevention unit; and (b) took a c police officer affiliated with the police box B police box of the port north-gu Police Station B of the Port of Posing that he was able to force the Defendant to return home, and obstructed the Defendant’s lawful performance of duties concerning the police officer’s 112 reporting and handling of the 112 police officer, who was able to carry the flab by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of each statute on photographs;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommended punishment] The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommended punishment] shall be taken into account, such as the violation of Article 62(1) of the Act on the Suspension of Execution of Official Duties and the violation of Article 62(1) (Obstruction of Performance of Official Duties and Forced Performance of Duties)

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