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(영문) 대구지방법원 2017.05.11 2017고단895
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 February 9, 2017, the Defendant was under investigation in relation to the payment of taxi charges within the Daegu Suwon-gu Police Station C District District of the Daegu Suwon-gu Police Station, Daegu-gu, Daegu-gu, B around 017. On February 9, 2017, the Defendant was required to obtain identification from the slopeD (35 tax) who is a public official belonging to the police belonging to the said District, who was requested to do so by the Defendant, and the Defendant “Choe Mah” to the said D.

I see that N. N. D’s head debt at his hand was taken once, and spited twice the face of the above D. The Defendant interfered with a police officer’s legitimate execution of duties in relation to a criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of photographic Acts and subordinate statutes to closures;

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 that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)

2. Circumstances unfavorable to the determination of sentence: The degree of the type of crime that the defendant has exercised, in light of the degree of his/her ability to commit the crime: The degree of interference with official duties is relatively minor. Taking into account all other circumstances that include the defendant’s age, occupation, sex and environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and circumstances that constitute conditions for sentencing, such as the defendant’s age, occupation, sex and environment, family relation, motive and circumstance of the crime, means and consequence, etc.

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