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(영문) 대구지방법원 김천지원 2015.04.08 2015고단87
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 16, 2015, at around 00:05, the Defendant was under the influence of alcohol at a convenience store C located in Gumi-si B, and was under the influence of taking a bath to his employees, etc. On the same day, the Defendant was under the control of the police box affiliated with the former U.S. police station that was dispatched after receiving a report at around 00:30 on the same day, and was under the control of E, etc., and was under the control of the police box stationed before the above convenience store.

The Defendant, despite the statement that he would get off from E, continued to go up on the way to the patrol vehicle while leaving the patrol vehicle without complying with it. The Defendant, who was urged from E to return home from E, expressed that “I would like to do so immediately harm?” The Defendant, who was called “I would like to go back from E,” was able to say that “I would like to go back equally,” and her chest was able to go up twice by drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers' patrol and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Where the sentencing criteria are applied [Scope of recommending punishment] and the extent of violence, intimidation, and deceptive scheme is insignificant in the mitigation area (one month to eight months) (special mitigation person], the mitigation area (one month to eight months), the reduction area (special mitigation person), the reduction area;

2. Determination of sentence: A prison term of four months, one year of suspended execution, 40 hours, and the defendant's community service work is against his wrong character in depth, the exercise of force against police officers is relatively not more severe, the defendant has no record of being punished for the same crime, and there is no record of being punished for the same crime, and other various sentencing conditions shown in the records and arguments of this case, including the defendant's Na, character and behavior, environment, and circumstances after the crime of this case, shall be comprehensively considered.

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