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(영문) 대구지방법원 2017.05.23 2017고단1858
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 March 29, 2017, at around 01:35, the Defendant: (a) brought a disturbance to the players passing in front of the singing practice hall located in the Gandong group, such as provokinging for trial expenses, and taking a bath, etc.; (b) received 112 reports from E and E, and moved to the G district of the G district of the Gandong Police Station, in accompanying E and F.

On March 29, 2017, the Defendant: (a) received a demand to return home from F in front of G District at L in the G District in the G District in the G District in the G District in the G District in the G District in the lurgdong Police Station, and assaulted F’s shoulder with both hand, such as “I gree, Chewing, e.g., e., f., e., e., e., e., f., e., e., e., e., g., f

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the protection of life, body and property of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of photographs of crimes);

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. Where the scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigated area (one month to eight months). (Interference with the performance of public duties and coercion of duties)

2. Circumstances unfavorable to the determination of sentence: The nature of the instant crime does not change in light of the motive, circumstances, etc. of the instant crime. In addition, even though the Defendant had been committed twice the same kind of criminal records, the Defendant recognized the instant crime and reflects the degree of assault and interference with official duties. The degree of assault and interference with official duties is relatively minor. The Defendant is aged and is not good. The Defendant’s age and health is not good. The Defendant’s personality, behavior, environment, family relationship, motive, means, and means of the instant crime have no record of punishment exceeding the same criminal records and fines since 200

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