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(영문) 대구지방법원 2019.02.12 2018고단4123
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 2018. 8. 21. 07:05경 대구 수성구 B에 있는 ‘C’ 식당에서, ‘여자 두 명이 싸운다’라는 내용의 112 신고를 받고 출동한 수성경찰서 D지구대 소속 경사 E으로부터 제지를 당하자 식탁 위에 있던 그릇을 E의 오른팔을 향해 집어 던지고, 위험한 물건인 나무의자를 E의 등 부분을 향해 집어 던진 후 E이 피고인을 의자에 앉히자 E의 낭심을 1회 걷어찼다.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers concerning the handling of 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of field photographs, photoic photo of any suspect, sloping E sloping sloping sloping sloping photographs, and the Acts and subordinate statutes to capture C cafeteria photographs;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] shall be limited to the case where the aggravated area (1 to 4 years) of the obstruction of performance of official duties (1 to 4 years) (1 to 1), the case where the organization shows the heavy power or carries dangerous objects (1 to 1);

2. Circumstances unfavorable to the decision of sentence: The nature of the crime is extremely serious for the Defendant to use violence, such as taking a fluorous police officer under the influence of alcohol. The extent of the assault committed by the Defendant is serious. Circumstances favorable to the Defendant’s criminal records of violence: the Defendant recognizes and reflects the Defendant’s criminal records. There are no other grounds to impose punishment except for fines once, and the Defendant’s age and occupation, character, character and environment, motive and background of the crime, means and consequence of the crime, etc. are taken into account, and all other circumstances constituting the condition of sentencing, such as the following circumstances.

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