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(영문) 대구지방법원 2019.08.22 2019고단2699

공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 19, 2019, at around 23:05, the Defendant assaulted C’s right course at one time on the ground that the slope C belonging to the Gyeongsan Police Station B police box called up after receiving a report on agency driving charges at the bus bus stops located in 12-106 Daegu-ro, Daegu-gu, Daegu-gu, which was called up after receiving a report on agency driving charges at the bus stops.

On the other hand, the defendant continued to pay the c's substitute driving fee, despite the request for returning home, he did dangerous actions such as trying to go to the road under the influence of alcohol, and C took one time the c's c's c's c's c' on the ground that he restrains it.

As a result, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives, bodies, and property, prevention, suppression, and investigation of crimes, and at the same time, he/she conducted an internal inspection that requires approximately one week medical treatment to the victim C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and 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. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order is that the defendant injured the police officer's face while performing official duties, and at the same time interfered with the legitimate performance of official duties.

However, the fact that the defendant recognizes the crime and reflects the defendant, that the victim police officer seeks the defendant's preference, that he/she is engaged in his/her occupation without having been punished for not less than 20 years, that he/she is the most supported by his/her wife and two children, and the circumstances constituting the sentencing conditions specified in the records of this case, such as the defendant's age, character and behavior, and conditions before and after the crime, shall be determined as ordered by taking into account the two factors equally.