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(영문) 대구지방법원 2017.03.09 2016고단6612

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2016, at C convenience stores located in Daegu Northern-gu B on December 4, 2016, the Defendant received a report of damage through the “Korea Franch” system, and received a request for a presentation of identification card from a slope E, a worker of the 112 patrol police station affiliated with D District of the Daegu Gangnam-gu Police Station D, which was called out by the Defendant, for a presentation of identification card.

(i) the name is to be entered, face is to be stamped, and nicked;

개새끼들“ 이라고 욕설을 하면서 계속 행패를 부렸고, 경사 E으로부터 수차례 귀가를 권유 받자, “ 씨 발 놈, 확 차고 싶구만” 이라고 하면서 경사 E의 팔 부위를 만지고, 경사 E이 “ 경찰관의 몸에 손대지 마세요 ”라고 함에도 “ 에이 씨 발 참” 이라고 하면서 갑자기 오른쪽 무릎으로 경사 E의 배 부위를 1회 힘껏 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties of police officers on the handling of criminal injury reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the F Statements;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions considered in favor of sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to the decision on sentence: The degree of assault committed by the defendant is not easy: The confession and reflect of the crime by the defendant. Taking into account all the circumstances that include the defendant's age, occupation, sex, environment, family relationship, and circumstances after the crime, including the defendant's age, occupation, sex, family relationship, and no particular record of punishment exceeding the fine.