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(영문) 대구지방법원 2016.06.17 2016고단1722

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2016. 3. 3. 18:20 경 대구 동구 B, 106동 101호에 있는 피고인의 집에서 모친인 C을 폭행하여, 112 신고를 받고 출동한 대구 동부 경찰서 D 지구대 소속 경찰관인 E에게 “ 꺼져 라 씹할 놈들 아, 뭐하러 왔는데. 개새끼들.” 등의 욕설을 하고, 주먹을 위 E의 얼굴을 향하여 휘두르고, 발로 위 E의 오른쪽 정강이를 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by assaulting police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Application of the law to the statements made by the police in each police protocol against C, E, and F;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (the following sentencing), [the scope of applicable sentences under the law] one month or five years of imprisonment [the determination of types] [the scope of recommended sentences] fundamental area [the scope of recommended sentences] six months or one year or four months] [the scope of recommended sentences] - there is no effort to recover negative damage: there is no positive social relation: there is no criminal record of suspended sentence or more clearly, positive social relation. In general, there is no assault against the police officer dispatched by the defendant [the decision of a sentence] but there is no additional damage such as injury, etc. to the police officer, etc. However, there is no special criminal record other than the punishment imposed once by the defendant, and the defendant does not have any special criminal record as well as the punishment, and the defendant's basic life conditions that are favorable to the defendant such as economic conditions as his/her age and all other conditions that are favorable to the defendant, etc. shall be determined after the sentence.