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(영문) 대구지방법원 안동지원 2018.02.09 2017고단633
공무집행방해
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

On June 21, 2017, from around 02:20 to 04:20 on June 21, 2017 to around 04:4:20, the Defendant, “D”, where the Defendant had drinking alcohol as E, while drinking alcohol as E, was put.

The phrase "two male guests are wurged by 112 persons," when receiving a request for personal information from G in the circumstances belonging to the F District, who was dispatched to the site after receiving a report from 112, and taking a bath, and interfere with the legitimate execution of duties of police officials in relation to the handling of reported cases by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement by the police in relation to C and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 suspended execution;

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

1. Recommendations based on the sentencing criteria;

(a) Determinations of types: interference with the execution of public services, interference with the performance of public services, and one type (Interference with or coercion of the performance of public services);

(b) Determination of the recommended territory: Basic territory;

(c) Scope of recommendations: Imprisonment with prison labor for up to six months from one year and six months;

2. The sentencing of the instant crime is not appropriate in light of the circumstances, methods, and degree of interference with official duties, etc.

Although the Defendant had been subject to criminal punishment (including two times the suspension of the execution of imprisonment with prison labor) on several occasions, he/she committed the instant crime. This is an unfavorable circumstance to the Defendant.

The Defendant led to confession and reflect on the crime of this case.

No record that a defendant was punished for interfering with the performance of official duties shall be used.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.

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