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(영문) 대구지방법원 안동지원 2018.10.19 2018고단402

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 27, 2018, the Defendant was in front of the ‘D' commercial building located in Ansan-si C around 00:37 on June 27, 2018, and after receiving a report from 112 that the Defendant was under the influence of alcohol, the Defendant was paying a traffic accident if he was in person on the road from the victim F (40 years) of the Rabbbbbbb police station belonging to the Ansan-dong Police Station.

집으로 가셔 야죠. 집이 어디 세요.” 라는 말을 듣게 되자 화가 나 “ 이 새끼 놔둬 라.” 고 욕설을 하면서 뒤통수로 피해자의 턱을 1회 들이받았다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers regarding the 112 reporting processing duties, and at the same time, the Defendant inflicted injury on the victim, such as chins, tensions, etc. requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to report on investigation (shot photography of damaged body);

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where he/she interferes with the execution of public duties in the aggravated area (six months to two years), which is a type 1 (general injury) of general bodily injury (the scope of recommended punishment) (special aggravation) of the sentencing criteria;

2. The Defendant, upon receiving a report of 112, expressed a desire for a police officer in uniform called out and took a bodily injury.

This act is likely to be criticized not only in that it interferes with the police officer's duty to maintain the order, but also in that it can promote a light of legal order and public authority.

Defendant has been punished several times, including punishment for violent crimes.

The Defendant did not receive a letter from a victimized police officer up to now.

However, the defendant recognizes his mistake and is against his will.

Defendant.