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(영문) 대구지방법원 안동지원 2015.08.04 2015고단395
공무집행방해
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 23:45 on May 19, 2015, the Defendant: (a) expressed his desire to “Cratch son son son son son son son son son son son son son son, which is owned by the Defendant; (b) expressed his desire to “Cpatch son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son son, but the Defendant was required to take a

As a result, the defendant interfered with the legitimate execution of duties of police officers on crime prevention and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. Scope of applicable sentences under law: One month to five years; and

2. The sentencing criteria [Scope of Recommendation] The basic area (six months to one year and four months) of the obstruction of the performance of official duties shall be the category 1 (the obstruction of the performance of official duties and the coercion of official duties).

3. In order to protect the legitimate functions of the country that made a decision of sentence and to establish a sound social order, strict punishment for obstruction of performance of official duties is required, and the crime of this case seems to have been committed to the police officers in the course of performing their duties.

However, the defendant does not have been punished for the same crime, and shows a attitude against the mistake.

In addition, in consideration of the defendant's age, character and conduct, environment, relationship with the victim, motive, means and result of the crime, circumstances after the crime, etc., the sentence as ordered was determined and the suspended execution was selected.

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