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(영문) 대구지방법원 경주지원 2019.09.05 2019고단246
공무집행방해
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2019. 4. 24. 03:35경 경주시 B에 있는 ‘C’ 앞에서, ‘피고인이 행패소란을 부린다.’는 취지의 112신고 받아 출동한 경찰관 경위 D에게 “이 십새끼야, 짭새 새끼야, 개새끼야.”라고 욕설하고, 경위 D이 “집에 가시소.”라며 귀가를 종용했다는 이유로 경위 D의 얼굴에 침을 1회 뱉고, 손바닥으로 경위 D의 얼굴을 1회 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of official duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Investigation report (the period of suspension of execution and confirmation of the same kind of power);

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the following circumstances and the defendant’s age, character and conduct, environment, circumstances of the crime, means and consequence, etc. under the reason of sentencing under Article 62-2 of the Criminal Act, and the circumstances after the crime, etc.

There is a need for strict punishment in order to establish a legal order and eradicate a state of public authority.

Defendant has been punished for the same kind of crime in the past.

The favorable circumstances: Recognizing the crime of this case and reflecting its depth.

In agreement with the damaged police officers, the damaged police officers want to take the defendant's wife.

When the company was dismissed from the company accompanying, it seems that the crime of this case was committed in a contingent manner while drinking with opportune and drinking, and there seems to be circumstances to consider the situation.

It seems that there seems to be an opportunity to reflect and reflect on life during a short period of time.

In the future, such errors will be avoided.

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