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(영문) 대전지방법원 2019.07.18 2019고단938
공무집행방해
Text

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

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to two years of imprisonment with prison labor for the commission of an injury at the Daejeon District Court on April 26, 2017, and the said judgment became final and conclusive on May 5, 2017; on September 5, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for the commission of a violation of the Road Traffic Act in the Daegu District Court Branch Branch of the Daegu District Court on September 5, 2018; on September 13, 2018, the said judgment becomes final and conclusive and conclusive on September 13, 2018, and is still under suspended trial due to a crime of fraud, etc. on February 28, 2019.

【범죄사실】 피고인은 2019. 1. 27. 20:25경 대전 대덕구 B에 있는 편의점 앞에서, ‘손님이 행패를 부린다’는 취지의 112신고를 받고 출동한 대전중부경찰서 C지구대 소속 경장 D으로부터 신분증 제시를 요구받자 이를 거부하고, 이에 업무방해 등 사건의 현행범인으로 체포되자 위 D에게 ‘어린 놈이 싸가지가 없네’라고 말하며 발로 위 D의 왼쪽 허벅지를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 136(1) of the Criminal Act applicable to the crime, Article 136(1) of the Criminal Act, Article 136(1) of the choice of a sentence, the Defendant, who has been sentenced to imprisonment, had a large number of traffic-related criminal records, violent inclinations, or obstruction of performance of official duties, and

It is judged that it is not reasonable to impose a fine on a defendant who has such a number of criminal power, and the sentence of imprisonment was selected.

Grounds for aggravation of the reasons for sentencing: A person who repeats a crime during the period of probation, commits another crime by police officer, unrecovering damage, etc., during the period of probation, etc.: The confession, serious reflectivity, and the fact that it seems that the time to know is needed for an excessive period

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