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(영문) 대구지방법원 김천지원 2019.07.17 2019고단598

공무집행방해

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 3, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for obstruction of performance of official duties, etc. in the Daegu District Court Kimcheon Branch on September 3, 2015 and completed the execution of the sentence on June 29, 201

On June 4, 2019, at around 09:15, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of reported domestic violence cases by assaulting the police officer in a way that it is suitable for a slope F to have a sloping caturf, who was sent to the Defendant after receiving the Defendant’s wife D’s domestic violence report and sought D’s statement by separating D from the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. All on-site photographs;

1. Previous records: Application of the Act and subordinate statutes on criminal records, etc., written inquiry, written judgments, and personal confinement status;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of the performance of official duties [Type 1]/ the coercion of official duties [Special Aggravation] - Aggravation factors: Aggravation of repeated crimes of the same kind [the scope of recommending area and the scope of recommending punishment] increased area, 1 to 4 years [no person who has been sentenced to general punishment] increased area.

3. Determination of sentence: The method of committing a crime that was committed against a police officer in October by the police officer;

In particular, the same crime was repeated during the period of repeated crime due to obstruction of performance of official duties.

There are many criminal records of violence, and even before this case occurs, it is weak to reflect the nature of criminal domestic violence such as being transferred to family protection cases several times due to criminal domestic violence during the period of repeated crime and receiving protective disposition.

However, as small-scale soldiers face on the floor, there was no direct damage to police officers.

One month until the end of the period of repeated crime.