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(영문) 대구지방법원 2015.06.11 2015고단1680
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

피고인은 2015. 3. 28. 03:10경 대구 북구 원대로 100. 대구북부경찰서 입구에서 그 곳 현관문을 발로 차고 욕설을 하면서 들어와 당시 근무 중이던 위 경찰서 소속 경위 피해자 C가 위와 같이 소란행위를 하는 이유를 물어보자 갑자기 “야! 이 씨발 놈들아! 벌금 내러 왔다, 조회해봐라.”고 소리치면서 피해자를 밀치고, 계속하여 피해자에게 “씨발놈! 좆 만한 새끼야.”라고 욕설을 하면서 손등으로 그의 입술을 1회 때려 피해자에게 약 7일에서 10일간의 치료를 요하는 아랫입술 표제손상 등을 가하였다.

As a result, the Defendant interfered with police officers' legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes, and at the same time injured the above victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] is the basic area (the person subject to special mitigation) (the period from April to June), the basic area (the period from April to June) / In the case of obstruction of performance of official duties (the period of sentence) / In the case of a minor injury (the period from April to June) / [the period of sentence] the defendant paid a fine under the influence of alcohol, and the defendant committed an injury to a police officer in the course of performing official duties while he was under the influence of alcohol, and there are several records of having been punished for a crime of obstruction of performance of official duties in 2010, and there are records of having been punished for a fine of five million won as a crime of obstruction of performance of official duties in 2010: Provided, That the degree of such injury is minor, and there are other major circumstances such as the fact that the defendant is divided into and against the mistake, and the motive, method and method of the

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