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(영문) 대구지방법원 김천지원 2015.01.28 2014고단1433
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

On December 24, 2014, the Defendant was sentenced to the suspension of the execution of six months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Daegu District Court Kimcheon Branch on December 24, 2014, and the said judgment became final and conclusive on January 1, 2015.

피고인은 2014. 11. 5. 21:25경 구미시 B에 있는 구미경찰서 C파출소에 술에 취해 찾아가, 별다른 이유 없이 근무 중인 경찰관들에게 “물 내놔! 맞아볼래 새끼야!”라고 욕설을 하며 위 파출소 소속 경위 D에게 쓰고 있던 안경과 안내데스크에 있던 볼펜을 집어 던졌다.

The defendant continued to take a bath even after he was requested to return home from D, and continued to do so by making the equipment containing the civil petition documents on the information center so that the documents can be cut off to D, and then try to breath in hand by hand.

Accordingly, the defendant interfered with legitimate execution of duties of police officers in relation to internal work and suppression of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (attached to indictments for cases pending in trial), results of search of cases bound in the public trial records, and application of one copy of judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is the background, means, methods, and the fact that there was a history of multiple penalties for violent crimes, and that the criminal liability is not weak in that it was committed during the trial of the criminal case against the accused in the judgment of the accused.

However, it is necessary to consider equity in the case of judgment concurrently with the crime of violation of the Punishment of Violences, etc. Act (Intimidation of groups, deadly weapons, etc.) in which judgment has become final and conclusive, taking into account the reflection of the age, character and conduct, environment, etc. of the defendant.

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