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(영문) 대구지방법원 2018.06.21 2017고단4342
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 20, 2017, the Defendant: (a) received a report from the victim E (30) in front of the Mat in Daegu Northern-gu B, Daegu-gu, on the 111:30th day of July 20, 2017, and was dispatched to the police station of the 112 police station of Daegu-gu, the Defendant received a removal from the victim E (30 tax). (b) On the top of this end, the Defendant got a victim from the victim E (30 years old), and (c) on the face of the victim requiring a two-day treatment.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning the handling of reported cases, and inflicted injury on the victim at the same time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Place of work;

1. A medical certificate;

1. Application of Acts and subordinate statutes to photographs taken by damaged parts;

1. Article 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257(1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury);

1. Even though there has been a history of punishment for obstructing the reasons for imposing sentence of selective sentence, the crime is very poor in light of the fact that the police officer in the process of performing official duties assaulted and inflicted bodily injury on the police officer, and that it interfered with the legitimate execution of official duties.

However, the degree of damage is not severe, and the age, sex, environment, criminal records, etc. of the defendant shall be determined as the same as the order in consideration of the two different kinds of age, sex, and criminal records.

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