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(영문) 대구지방법원 서부지원 2014.10.28 2014고단1345

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to six months of imprisonment for the obstruction of performance of official duties, etc. by the Daegu District Court, and the term of imprisonment was terminated at the Daegu Detention House on January 24, 2014.

피고인은 2014. 7. 20. 05:05경 대구 서구 C에 있는 D 식당 앞 도로에서 피고인이 무전취식을 한다는 취지의 112신고를 받고 출동한 대구서부경찰서 E지구대 소속 피해자 경위 F이 범칙금납부 통고서를 발부해야하니 지구대로 가자고 하였다는 이유로 발로 피해자의 가슴과 오른쪽 팔을 수 회 걷어찼다.

Accordingly, the Defendant interfered with the performance of duties by police officers on the maintenance of social order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Previous records: Criminal records, personal identification and confinement status, court rulings, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act, among repeated offenders, has the record of being punished several times for the same crime, and the defendant again committed the crime of this case in the period of repeated crime after being sentenced to a punishment for the same crime and six months only after the execution of the sentence, and the defendant seems to have a tendency to commit the crime of this case. Accordingly, even though he was sentenced to a punishment due to drinking, he did not abandon his tendency and again committed the crime, it is reasonable to impose a strict punishment corresponding thereto. However, considering the fact that the degree of assault against the victimized police officer is not serious, the punishment shall be determined as per Disposition.