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(영문) 대구지방법원 2016.03.10 2015고단4393
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 September 10, 2015, the Defendant received a report from E in the position of the Daegu Southern Police Station D District of the Seoul Southern Police Station, which called "I are currently under the influence of alcohol in a taxi, I have been under the influence of alcohol at present. I have reported that I will be under the influence of alcohol in a taxi. I will be able to say that I will be under the influence of alcohol in a taxi.

"A police officer of the 112 minutes of the report and patrol service who assaulted E for 10 minutes, such as "a police officer of the farb farb farb farb farb far farb far farb far farb farb farb farb farb farb farb farb farb farb farb farb farb farb ear ear ear ear far ear far ear ear ear far ear ear ear

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes of a dispatch report;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the attention);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and observation [the scope of recommending punishment] There is no person [the person who has been subject to special sentencing] in the basic area of Category 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties] [Pronouncement Decision] [The defendant has been sentenced to a suspended sentence of imprisonment due to special larceny, etc. around 2008; the defendant again committed the instant crime even though he had the record of being sentenced to a fine more than 13 times due to assault, fraud, etc. from around 2011 to around 2014, and faithfully responded to the judgment, such as intentionally absence on the date of sentencing.

- favorable circumstances: The Defendant divided his mistake and provided treatment for alcohol dependence which was the cause of the instant crime, and the victimized police officers E also want to take the Defendant’s seat.

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