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(영문) 대구지방법원 상주지원 2017.08.22 2017고단282
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 June 7, 2017, 01:21 around 01:21, the Defendant was under the influence of alcohol at the Gancheon-gun B and B of the second floor C, but the Defendant was under the influence of alcohol, upon receiving a report of the business owner DD 112, and sent to the site, and the C of the Gancheon-gu E District of the E District Police Station called the Defendant for returning home, she was under the influence of the Defendant, and she was under the influence of alcohol;

The term "I know about why we can do," and the above F, who was waiting for the defendant's home and reported the mobile phone, "I use the telephone during his/her official duties."

“A mobile phone cited with a lusular phone”

The F's left hand is walking at one time, and the F's interest is prevented, and the F continues to commit this act, and the F's head was assaulted at one time due to the defect.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made against the defendant during the police interrogation protocol;

1. Each police statement made to F or D;

1. Investigation report (No. 6 No. 5 of the evidence list);

1. Application of statutes on site photographs;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] that have no type 1 [the scope of recommended punishment] (the scope of recommended punishment], the basic area of the punishment, and the imprisonment for not less than six months but not more than one year and six months;

2. Acts that obstruct the performance of public duties by violence against public officials who perform the decision-making of sentence, in particular police officers in charge of social safety and security, shall be strictly informed;

However, when the defendant comes to this court, the whole crime is recognized and reflected, the fact that the defendant has no criminal record is considered as favorable circumstances, and the sentencing conditions as shown in the arguments and records of this case are considered as ordered.

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