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(영문) 대구지방법원 서부지원 2020.02.19 2019고단537
공무집행방해등
Text

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

except that 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

1. On December 9, 2018, the Defendant: (a) around 03:15, the victim D, a taxi engineer, demanded the payment of taxi charges in front of the Daegu-gu Seo-gu, Daegu-gu, on the ground that he reported 112; (b) the Defendant continued to walking the victim’s face and chest at one time on the face of the victim and the part of the chest, and continued to walk the victim’s bridge, the knee and the part of the back, which require approximately two weeks of medical treatment.

2. 공무집행방해 피고인은 같은 날 03:50경 같은 장소에서 112신고를 받고 출동한 대구성서경찰서 E파출소 소속 경장 F, 순경 G이 택시기사를 폭행하는 자신을 떼어놓으려고 하자 두 사람에게 욕설을 하면서 갑자기 주먹으로 F의 팔 및 가슴 부위를 수회 때리고, 이를 만류하는 G의 얼굴, 가슴 및 팔 부위를 주먹으로 수회 때린 후 계속하여 발로 G의 무릎 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, and D;

1. Investigation reports (Attachment of a written diagnosis of injury to a victim); 1. 12 Reporting and handling of cases, and the application of statutes governing police officers' work log;

1. Article 257(1) of the relevant Article of the Criminal Act concerning the crime (the point of injury) and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties)

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Normal circumstances that are favorable to the police, such as the fact that injury is inflicted on the victim D, who is a taxi engineer, and furthermore, the use of violence to the police dispatched after receiving 112 reports, and the nature of the crime is not somewhat weak: confession and reflect; the fact that the victim made an agreement with the victim D; the violence of obstruction of performance of official duties does not result in injury.

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