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(영문) 대구지방법원 2018.03.22 2017고단6951
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 November 16, 2017, 21:30, the Defendant was located in front of the 61-gil 20-6 Cheongdog-ro, Daegu Central Office, Jung-gu, Daegu, 2017.

C and his women’s friendly Gu with a large sound, such as “Seman Ma,” and “Seman Ma,” and continuing to bear the time expenses after having been reported 112 by the above women’s friendly Gu, how to continue to remain “from the slope belonging to the police station Down-gu Police Station Down, Daegu, which was called upon by the above women’s friendly Gu;

I see as soon as possible

“I have heard the word “,” and assaulted the left face part of E one head.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of C’s written laws and regulations

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. As to the Defendant’s assertion of Article 62(1) of the Act on the Suspension of Execution, the Defendant and his defense counsel asserts to the effect that the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of the

In light of various circumstances, such as the background and means of the crime committed by each of the above evidence, the details of the crime, and the defendant's behavior before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things under the influence of alcohol at the time of the crime in this case, and thus, the above assertion is rejected.

The grounds for sentencing [the scope of recommended punishment] The sentence of sentencing shall be determined as the same as the sentence, comprehensively taking into account the following conditions of sentencing, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, etc., in the basic area (from June to June), the sentence of sentencing of category 1 (Interference with the performance of official duties and the coercion of duties) and the basic area (from January to June).

- interference with the performance of official functions is serious to the crimes that disarm the legitimate exercise of governmental authority and impair the functions of the State.

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