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(영문) 대구지방법원 포항지원 2018.05.31 2018고단338
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 March 21, 2018, the Defendant: (a) at the police box located in Nam-gu, Nam-gu, Seoul at the port on March 21, 2018, the Defendant: (b) avoided disturbance, such as taking a bath and taking a child under the influence of alcohol; (c) sought a trial for violation of the Punishment of Minor Offenses Act; and (d) subsequently, at around 21:20 on the same day, the Defendant: (a) received a notice to attend the trial from E to be served in the above police box; and (b) received a request to return home, and (c) took the bath to “I am, I am again. I am again I am again. I am the part of the instant police box with the two hand and am flick so long as I am.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the situation service of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes to a criminal investigation report (to attach cell phone images, video CDs, etc. on the face of a suspect);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and six months) (the interference with the performance of public duties and coercion of duties) of the first type (the interference with the performance of public duties and coercion of duties) is nonexistent;

2. In other words, under the circumstances unfavorable to the determination of sentence: (a) repeated desire is given to police officers during lawful performance of their duties; (b) the nature of the instant crime in light of the content of the instant crime in which violence was committed; (c) the fact that there was a number of different kinds of criminal records; (d) the fact that there was no same criminal records; (e) the fact that there was no erroneous criminal records; and (e) the motive, means and consequence leading up to the instant crime; (c) the motive, means and consequence leading up to the instant crime; (d) the circumstances after the commission of the crime; (e) the Defendant’s age; and (e) the Defendant’s sexual behavior;

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