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(영문) 대구지방법원 2016.08.23 2016고단3230
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 1, 2016, at around 05:45, at the defendant's house located in Daegu-gu B building 202, the defendant brought a dispute with female-friendly C, and C, while drunk, called 112 with telephone in the state of alcohol, was cut off without any speech.

The Defendant, immediately after receiving the above 112 report, continued to comply with the request by the police officer slope E belonging to the Daegu Southern Police Station D, which was called to the Defendant’s office, to open a door from the police officer slope E, and to open the door by opening the door from E.

The term "I want to hear the horses, open the door door, and confirm that C is used at the entrance of the entrance of the entrance, and "I want to investigate the site."

“The Defendant is sealed and carried into the house,” and “I am fested by N. L. L. L. L. L.

“Along with sound, assaulting E’s chests at one time, bating bat, bating the fat, etc., thereby obstructing police officers’ legitimate performance of duties concerning the dispatch of report 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the law to the place where the case is arrested, reported on investigation, photograph, and police boxes are assigned;

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 of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall interfere with the performance of public duties, and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the basic area;

2. Consideration - A favorable circumstances: There is no record of criminal punishment other than a fine on one occasion due to reflectivity, drinking driving - unfavorable circumstances: The records of this case, such as the defendant's age, sex, state of health, family environment, motive, means, consequence, etc.

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