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(영문) 대구지방법원 2018.02.08 2017고단6432
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2017, at the front of the D District District in Daegu-gu, Daegu-si, the Defendant was unable to take the Defendant’s position on the front of the D District. Accordingly, upon receiving a report from 112, the police officers E, etc. belonging to the D District Police Station in the Daegu-gu, Daegu-gu, the Defendant continued to walk the time to those who called the Defendant, and led to the Defendant’s wife at the request of the Defendant’s wife.

In front of the said global belt, Defendant 1 expressed e’s humping, “I am fry, and we see this,” and e’s hump hump hump hump hump hump, fump hump hump, and fump hump hump, fump, etc.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of photographs of damaged parts of a victim);

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to the determination of sentence: The defendant's act of assaulting a police officer wearing a uniform under the influence of alcohol or in light of the circumstances leading up to the crime of this case, etc.; the defendant recognizes and reflects the nature of the crime. The defendant has no record of punishment exceeding a fine, and there is no record of criminal punishment after 2009, and other circumstances that form conditions for sentencing, such as the defendant's age, occupation, sex and environment, family relation, motive, circumstance, means, and consequence of the crime, etc.;

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