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(영문) 대구지방법원 김천지원 2016.05.18 2016고단386
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, at around 22:43, the Defendant 22:43 at the D cafeteria located in the Gumi-si, the Defendant 112 reported and sent to G, who was in the circumstances F of the Gu police station E zone belonging to the 112 police station, and was called to move the Defendant out of the above cafeteria, and the Defendant “on the back of the cafeteria, she will return home to the Defendant.”

“In the end, the police officer F and patrolmen requested G to see the above circumstances, and the police officer called “G to scambling to the old Sim-si,” and the police officer called the above circumstances F and G to board the patrol vehicle along with G.

At around 22:58 on the same day, the Defendant took a bath at the back seat of the patrol 22:58, and she saw this f's chest f's chest at the back of the patrol f', and she took a time to drink the back part of the steering f', she took a time to stop the Defendant's behavior, and she took the back part of the patrol f's chest from the above patrol f's chest to stop the Defendant's behavior.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes to report internal investigation (as regards the on-site situation, no report number is filed for the situation after the arrival of the earth, and no.2121);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

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 four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Determination of sentence - Determination of favorable circumstances: The point that reflects a mistake in depth; the unfavorable circumstances: the fact that even though the person who has been punished for the same kind of crime could have been able to commit the instant crime, the criminal liability for repeating the instant crime is heavy; and other conditions of sentencing that differs from the records and arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, and the circumstances after the commission of the crime

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