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(영문) 대구지방법원 2019.01.10 2018고단4259

공무집행방해

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Criminal Power] On August 11, 2017, the Defendant sentenced ten months to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Seo-gu District Court Branch Branch of the Daegu District Court on April 3, 2018, and completed the execution of the sentence in the Busan Correctional Institution.

【Criminal Facts】

On September 21, 2018, the Defendant: (a) while drinking alcohol and drinking water in the “C cafeteria” located in Daegu-gu, Daegu-gu, the Defendant was urged to return home from E to a police officer affiliated with the D District of the Daegu-gu Police Station D District, which received 112 reports, and called 112; (b) the Defendant expressed to E to the police officer “I am me soon frith of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bitch of a bit-gu, Daegu-gu, Daegu-gu, to the extent that it does not interfere with the Defendant’s exercise of his right to defense.”

Violenced.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the suppression and investigation of crimes.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a report on confirmation of the same attached records);

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of the recommended punishment according to the sentencing guidelines [Scope of the recommended punishment]. The aggravated area (1 to 4 years) of the obstruction of performance of official duties (1 to 4 years) shall be the same repeated crime;

2. The Defendant, who was sentenced to sentence, committed the instant crime without being aware of the period of repeated crime due to the same crime.

In addition, the defendant's criminal records, including the punishment on several occasions, have a clear tendency in the state of public power, and the responsibility for the crime is very heavy.

Nevertheless, the defendant's defense that is difficult to understand, denies the crime, and rather, the police officer himself.