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(영문) 대구지방법원 2015.09.03 2015고단3089

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

피고인은 2015. 06. 13. 01:15경 대구 수성구 B에 있는 C 식당 앞 노상에서, “남자 친구가 술을 마셔 사고 칠 것 같다.”는 피고인의 여자친구의 112신고를 접하고 현장 출동한 수성경찰서 D지구대 소속 순경 E(34세)에게 “십새끼들아, 개새끼 들아 좃같은 새기들.”이라며 욕을 하고, 손으로 위 E의 가슴을 밀치며 멱살을 잡고 흔드는 등 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of official duties concerning the dispatch of a police officer's report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a copy of work log in the D District;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendation] [decision of sentence] [decision of sentence] The defendant's liability for the crime is not easy, but the defendant's motive, circumstance, means and method of the crime in this case, situation before and after the crime in this case, and other various circumstances such as the defendant's age, character and behavior, career, environment, etc. as shown in the argument in this case.