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(영문) 대구지방법원 김천지원 2016.09.21 2016고단631
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 April 9, 2016, the Defendant was urged by the Defendant to return home from the slope E belonging to the police box belonging to the police box belonging to the Nowon-gu, Nowon-gu, Nowon-gu, Seoul, to the front of the C convenience store located in the Gumi-si B at around 02:35 on April 9, 2016.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

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. Application of the sentencing criteria [Scope of the sentencing guidelines] The basic area (Interference with the execution of public duties and coercion of duties) shall be limited to the category 1 (Interference with the execution of public duties and coercion of duties).

2. In this case, a sentence of sentence is an unfavorable circumstance to the Defendant for the following reasons: (a) the nature of the crime is not good for the case where a police officer, who is performing legitimate duties, committed an assault without any justifiable reason; and (b) the State’s legal order and order and the state’s need to strictly punish a crime interfering with the performance of official duties in order to eradicate

However, the fact that the defendant acknowledges the crime of this case and reflects the mistake thereof in depth, there is no past record of criminal punishment or criminal punishment exceeding the fine for the same crime, and that there is an agreement with the victim police officer, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances that are conditions for the sentencing of the instant case, including the Defendant’s age, sex, and environment, the sentence shall be determined as per Disposition.

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