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(영문) 대구지방법원서부지원 2020.08.27 2020고단919

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 10, 2020, the Defendant, around the Daegu Police Station C District of the Daegu Police Station located in the Daegu Police Station, around 06:38, the Defendant, along with the taxi engineer, paid the taxi fee to the taxi engineer by arbitration of the police officer D belonging to the above district as a matter of the taxi expense, and expressed that the above police officer’s defect was found to be a defect in returning home, and that “Chosia, the taxi engineer, and the customs officer will be governed by the law,” and that the Defendant, as a drinking, took the chest of the above police officer, was satisfing the chest of the police officer, and sat down the shoulder of the police officer by hand.

Accordingly, the defendant interfered with the legitimate execution of public duties concerning the protection of the people's lives, bodies, and property of police officers.

2. 피고인은 2020. 3. 10. 06:44경 대구 달서구 B에 있는 위 C지구대 안에서 1항과 같은 이유로 현행범인 체포되어, 위 지구대 경찰관인 피해자 E(30세)가 피고인의 인적사항을 물어보면서 발열여부 등을 확인하려고 하자 화가 나, “씨발, 개새끼야”라고 욕설을 하면서 발로 피해자의 얼굴 부위를 강하게 걷어찼다.

As a result, the Defendant interfered with the police officer's criminal investigation and the legitimate performance of official duties concerning the protection of the lives and bodies of the people, and at the same time, the Defendant inflicted an injury on the victim, such as ear and others requiring medical treatment for about two weeks, and open situation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of Acts and subordinate statutes to the Report on Domestic History (No. 5,9) in the C District Work Day;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the defendant has recognized each of the crimes in this case, and that the defendant has no criminal records until now since

1. Order of community service;