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(영문) 대구지방법원 2020.11.04 2020고단4699
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

피고인은 2020. 7. 18. 04:55경 대구 북구 B에 있는 C파출소 앞 노상에서, 피고인의 처 D로부터 ‘폭행을 당하였다.’라는 신고를 받은 위 파출소 소속 경위 E가 사건 내용을 파악하기 위하여 피고인에게 ‘무슨 일입니까 ’라고 묻자 ‘왜 묻는데 씹할 놈아’라고 욕설을 하고, E가 재차 ‘무슨 일입니까 ’라고 묻자 ‘씹할 놈아. 니가 물어서 뭐하는데.’라고 하면서 E의 양쪽 손목을 잡고, E가 손을 빼내자 손바닥으로 E의 목을 1회 치고, 발로 E의 다리를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reports.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of the Act on the Place of Work for the G District;

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. The service log of a police box;

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

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties [Type 1]/ the coercion of official duties [the scope of the recommended area and recommendation] There is no person who has been forced to perform his/her duties] (the scope of the recommended area and recommendation] basic area, six months to one year and six months [the general person] - the mitigation element: The mitigation element - the person who has a mental or physical disability (the person in question is responsible for the suspension of execution] - the person who has a serious reason for recovery of damage - the person who has a serious effort for recovery of damage - the person has a clear social relation, a serious reflect, or no criminal

3. Determination of sentence: Imprisonment with prison labor for six months and one year in the suspension of execution with prison labor, inasmuch as the punishment for the crime cannot be considered to be less light because it prices a blring and the body of a police officer, the punishment for the crime shall be selected; however, it shall be very very very very rough and rapid, and it shall be found that the police officer suffered damage several times after the drinking is flick.

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