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(영문) 대구지방법원 2018.11.22 2018고단4271
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 29, 2018, the Defendant was able to sleep on the road in front of the Gandong-gun, Gandong-gun, Gandong-gun, the Defendant was placed in his/her residence in B, with the background D, etc. leading up to the C District of the Gandong Police Station C, which was called out after receiving a report 112.

이후 피고인은 자신의 주거지에 이르러 별다른 이유 없이 고함을 지르며 출입문을 발로 찼고, 이에 경위 D이 피고인을 제지하자 ‘ 씨 발 놈 아, 좆같은 놈 아 ’라고 욕설하며 주먹으로 그의 가슴 부위를 2회 때리고, 발로 그의 왼쪽 허벅지를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and six months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. Circumstances unfavorable to the decision of sentence: The nature of the offense in which the defendant assaultss a police officer who wear a uniform under the influence of alcohol is frighten. The degree of violence is also favorable: The defendant seriously reflects the defendant's mistake. Taking into account all the circumstances, such as the defendant's age, occupation, sex and environment, motive, background, means and consequence of the offense, and circumstances that constitute the condition for sentencing, such as the defendant's age, occupation, sex and environment, motive and consequence of the offense, as well as the circumstances after the crime, etc.

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