(영문) 대구지방법원서부지원 2020.11.04 2020고단1390

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원서부지원 2020.11.04 2020고단1390

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around 18:50 on April 12, 2020, the Defendant: (a) received 112 reports from the head of a bus stop located in the Seogu, Seogu, Daegu, Seo-gu, 50-ro 2, that the Defendant assaulted a taxi engineer during dispute over the problem of a taxi engineer and fee, and the police officer C (Nam, 28 years of age) dispatched to the police station, who was dispatched to the police station B, tried to listen to the statement against the taxi engineer about the details of the report; (b) took a bath to the said police officer; and (c) assaulted the above police officer on one occasion on the part of the Defendant.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to report on investigation (a copy of a public official identification card);

1. The pertinent Article of the Criminal Act, Article 136(1) of the Criminal Act regarding criminal facts, and Article 136(1) of the Criminal Act regarding the act of obstructing the performance of duties by assaulting a police officer under the influence of alcohol, such as the crime of this case, requires strict punishment.

The defendant has a past record of criminal punishment for various crimes such as violence in the past, and among them, there is a record of punishment for obstruction of performance of official duties.

After the Defendant was sentenced to imprisonment in 2015 and the execution thereof was completed, on June 16, 2018, when the period of repeated crime was repeated, the Defendant committed the instant crime under the influence of alcohol, even though he/she was sentenced to a fine in the Seo-gu District Court’s branch branch on July 4, 2019, on the ground that he/she was under the influence of alcohol and was under the influence of drinking.

The crime of this case is not good in light of its circumstances, the degree of assault by the defendant against the victimized police officer, etc.

In light of these points, the sentence of imprisonment for the defendant is bound to be sentenced.

Provided, That the defendant recognizes the fact of crime.

참조조문

-형법 제136조 제1항

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