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(영문) 대구지방법원 김천지원 2018.01.16 2017고단1527
공무집행방해
Text

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

Reasons

Punishment of the crime

[criminal records] On February 5, 2015, the Defendant was sentenced to six months of imprisonment by the Daegu District Court for interference with the execution of official duties, and completed the execution of the sentence on August 3, 2015.

[2] On August 25, 2017, around 21:20, the Defendant sought Dong-dong D residing in the 3rd floor of Gumi-si, Gumi-si, and under the influence of alcohol, the Defendant was on the 5th floor of the 502 entrance door, which had no relation with the Defendant, and the Defendant was sent to G by the police officer in charge of the police box belonging to the Gumi Police Station E boxes and the police officer, upon filing a report by the occupant at the place.

At around 21:30 on the same day, the Defendant: (a) took a bath to the above F F, who was sent to the Defendant on the 5th floor of the 5th floor of the F, and was asked questions as to the reasons why the Defendant 502 entrance door was cut off from the said F, and (b) was asked by hand as to the reasons why the said F’s left part of the F, pushed away the scambl with the upper part of the scam, and scam, and continued to take a bath, and the Defendant was required to present an identification card from the said F, and then the Defendant took a bath to the said F, “A f, who was under the influence of the identification card, was threatened with the said F.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by the above F.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to F, H and G;

1. 112 Reporting case handling table;

1. A CD;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

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 Article 35 of the Criminal Act for aggravated repeated crimes;

1. Application of the sentencing criteria [Scope of the recommended punishment] Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant in the mitigation area (one month to eight months) (special mitigation (special mitigation)] / Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant / The same repeated crime is insignificant;

2. The defendant who was sentenced to sentence was sent to the police station upon the receipt of a report of disturbance under the influence of alcohol from a corridor in which he resides.

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