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(영문) 대구지방법원 포항지원 2017.02.15 2016고단1563

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

피고인은 2016. 10. 9. 22:01 경 부천시 원미구 B 앞 도로에서 우연히 만난 채무 자인 C의 빰을 1회 때리며 돈을 빨리 갚으라

During the urge, the police, a police officer belonging to the Seocheon-gu Police Station D District District of the Seocheon-gu Police Station, who worn a uniform upon receipt of a report of assault, expressed that “the police, has set the obligor, will not be equal to bit of bitch,” and assaulted the victim at one time by breaking the victim’s left buck.

Accordingly, the defendant assaulted a police officer who wears a uniform and interfered with the legitimate execution of his duties in criminal investigation.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A written statement;

1. A copy of the 112 reported case processing list, work log;

1. Application of its own Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence shall be determined as ordered in full view of the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: The fact that eight times of violent crime records (two times of suspended execution, two times of fine, and four times of juvenile protection case) are located, the fact that the police officer wears his uniform and assaults in performing official duties and that the police officer's attitude is clearly favorable to the point that the police officer's attitude is obvious: The fact that the police officer reflects the wrong.