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(영문) 대구지방법원 2018.07.26 2018고단2490
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 26, 2018, the Defendant, in the Daegu Dong-gu, Daegu Dong-gu, Seoul around 04:55, “D’s singing room”, “The Defendant is under the influence of alcohol, and the Defendant is under the influence of disturbance.”

’ 라는 112 신고를 받고 출동한 경찰관 E, F에게 “ 야, 짭새 네, 씨 발 놈들 아, 짭새들이 여기 왜 왔어.

”라고 욕설하고, 경찰관 F에게 “ 야, 짭새 새끼야. ”라고 욕설하면서 위 F의 얼굴을 향해 가래침을 2회 뱉었 다. 이로써 피고인은 직무를 수행하는 경찰관을 폭행하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. G statements;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Where the relevant Article of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the reasons for sentencing of sentence of imprisonment [the scope of recommending punishment], the obstruction of performance of official duties, the obstruction of/performance of duties, the scope of mitigation, the imprisonment with labor for one month to eight months [special sentencing-person], and the extent of interference with violence, intimidation, deceptive scheme, or public duties is minor (a decision of sentencing] In four months, the defendant committed assault to police officers who perform duties three times or more due to interference with the performance of official duties even though he/she had been sentenced to punishment or three times more due to interference with the performance of official duties. The degree of criticism is high.

However, the defendant's age, sex, environment, family relationship, and circumstances leading to the crime of this case shall be determined as the same as the disposition in consideration of the fact that the defendant recognized the crime of this case and reflected.

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