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(영문) 대구지방법원 안동지원 2016.10.07 2016고단666

공무집행방해등

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

[Criminal Power] On November 24, 2015, the Defendant was sentenced to imprisonment for 8 months and a fine of 300,000 won for the crime of assault, etc. in the Daegu District Court’s Ansan Branch on November 24, 2015, and the execution of imprisonment was terminated in the same prison on July 24, 2016.

【Criminal Facts】

At around 19:20 on September 6, 2016, the Defendant got home from the victim F (the age of 50) who is the police officer of the E box sent out after receiving a report that the Defendant would escape from a disturbance under the influence of alcohol within the D office located at Ansan-si C, and provided the victim’s bath to “Chewing singinging, singinging,” and the victim’s chest was taken once after drinking the victim’s breast, and the victim was able to take the victim’s grandchildren by hand. At the same time, the Defendant interfered with the legitimate performance of duties concerning the handling of reporting duties by the police officer, and at the same time, the victim was the left knife, knife and knife of the left knife requiring two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Report on the occurrence of the case, and report on the internal investigation;

1. Investigative reports (Attachment of a general medical certificate by a victim police officer), and materials attached thereto;

1. Criminal records as stated: Criminal history records, inquiry reports, investigation reports (verification of crimes during the period of repeated crimes), and application of the statutes on attached data;

1. The point of obstructing the performance of official duties by relevant legal provisions on criminal facts: Article 136 (1) of the Criminal Act: Article 257 (1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing Article 35 of the Criminal Act among repeated offenders is highly likely to be subject to criticism in light of its circumstances, methods, and degree of interference with official duties.

Although multiple criminal records (two times of imprisonment with prison labor, five times of the suspension of the execution of imprisonment with prison labor, and a majority of fines) exist, the Defendant committed the instant crime of the same kind during the period of repeated crime for which two months have not yet passed since the release, and as such, the Defendant appears to have been subject to the reduction of punishment, is active in a state of separation from society for a given period.