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(영문) 대구지방법원 서부지원 2020.02.14 2019고단1594

공무집행방해등

Text

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

Reasons

Punishment of the crime

1. On May 20, 2019, at around 22:50, the Defendant: (a) 22:50, the injured Defendant boarded the back of the taxi that the victim C was a guest on the front of the Seo-gu Babel, Seogu, Daegu, and caused the victim to go to the front of the taxi and immediately get off the taxi; (b) putting the victim a hand in a hand with the seat of the article and the seat of the steering; and (c) making the victim get out of the taxi with flap, cut off the flap, cut off the flap, and exceeded 15 days on the floor; and (d) putting the victim above the upper part of the left-hand chest and the inner part that require treatment for about 15 days.

2. 공무집행방해 및 상해 피고인은 위 1.항 기재 일시, 장소에서 '폭행을 당했다. 도망가려고 한다'는 112신고를 받고 출동한 대구서부경찰서 D지구대 소속 순경인 피해자 E로부터 위 C를 계속 때리려는 시늉을 하지 못하게 제지를 당하자 화가 나 "니가 뭔데, 한번 해볼라면 해봐라"고 하면서 발로 피해자의 왼쪽 정강이 부분을 1회 걷어차 피해자에게 약 2주간의 치료를 요하는 아래다리 부위의 타박상을 가하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of the victim on the 112 Report and inflicted an injury on the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Photographs related to the case;

1. Place of service;

1. Application of Acts and subordinate statutes of an injury diagnosis certificate and diagnostic certificate;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the Defendant’s mistake and resisting against his will; (b) the agreement with the victim C; (c) the victim E wanting to take the Defendant’s wife against the Defendant (the victim deposited certain money with E); and (d) the Defendant’s wife and its branch.