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(영문) 대구지방법원 서부지원 2019.06.27 2018고단3218
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. 공무집행방해, 상해 피고인은 2018. 11. 18. 21:15경 대구 달서구 B빌라 앞길에서 행인들과 시비가 되었다가 112신고를 받고 출동한 대구달서경찰서 C지구대 소속 경위 D로부터 진정하라는 말을 듣자 술에 취해 화가 나, 욕설을 하면서 발로 위 D의 오른쪽 무릎 부위를 1회 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of the above D, which weared police uniforms, and at the same time, he was knee in need of approximately two weeks of medical treatment to the above D.

2. The Defendant violated the Punishment of Minor Offenses Act, from November 18, 2018 to December 22:15 of the same day, was able to avoid disturbance on the part of the police officers working there at the same location under the influence of alcohol in the said C District E located in the Daegu Western-gu, Daegu-gu. The Defendant was unable to avoid disturbance on the part of the police officers under the influence of alcohol on the part of the police officers, such as “Isn't inserting any illness, but Cr's walk walk walk walk walk walk kb

As a result, the Defendant, while under the influence of alcohol, led to the horses and actions conducted in the above C District as a government office.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

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

1. Relevant Article 136 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of the disturbance for cancellation of the head of a government office) concerning the crime;

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

1. Selection of a fine for a violation of the Punishment of Minor Offenses Act, with respect to the punishment of selective injury;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act of the suspended execution;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the crime of this case is not good, and the defendant has been punished several times for the same crime.

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