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(영문) 대구지방법원 안동지원 2018.08.17 2018고단263

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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2018. 5. 10. 17:45 경 영주시 C 소재 'D' 앞 노상에서 술에 취한 상태로 화분을 파손시켜, ‘ 술에 취한 사람이 있다’ 는 112 신고를 받고 출동한 영주 경찰서 E 지구대 소속 경위 F에게 “ 짭새를 불렀네,

b) has been why they had been influence;

In the context of “D.(d)”, the breath of the F was threatened with the breath’s breath, and the breath’s face was threatened by hand.

As a result, the defendant assaulted F, a police officer, and obstructed the police officer's legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Application of statutes on field photographs;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The basic area (from June to June) of the sentencing criteria [the scope of the recommended punishment] and the basic area (from June to June) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. The Defendant, upon receipt of a report 112, expressed a bath to the police officer in uniform called out and took violence.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain the order, but also in that it can promote a light of legal order and public authority.

Defendant has been punished for a crime of violence and has been punished twice.

However, the defendant is currently recognizing and opposing his mistake.

The degree of violence against the police officer is relatively minor.

There is no criminal offense against the defendant over probation.

The defendant seems to be suffering from mental illness such as depression.

In addition, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.