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(영문) 대구지방법원 2017.12.21 2017고단5882
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 1, 2017, at around 03:20, the Defendant: (a) 112 reported 112 that he was frighting on the front of the D club located in Daegu Jung-gu, Daegu-gu; (b) fuckyu in the Daegu-gu Police Station E-gu, Seoul-gu; (c) f.h., f. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. c. on the front of the suspect, and F. F. F. F. F. F. F. c. c. c. c. c. G.

Accordingly, the defendant interfered with the police officer's 112 reporting and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A statement prepared by H;

1. Investigation reports ( telephone conversations for members of clubs);

1. Application of the Acts and subordinate statutes concerning the closure of a crime image;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to the determination of sentence: The Defendant’s act of assaulting a police officer wearing a uniform under the influence of alcohol to obstruct his/her performance of official duties is not less severe than the nature of crime. Circumstances favorable to the degree of assault by the Defendant is serious: The Defendant recognized and seriously reflects the Defendant’s act. The surrounding persons of the Defendant are the Defendant’s prior action against the Defendant during the period of sojourn in the Republic of Korea.

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