(영문) 대구지방법원 포항지원 2019.09.19 2019고단936

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 포항지원 2019.09.19 2019고단936

공무집행방해

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 15:30 on June 21, 2019, the Defendant: (a) expressed his desire to “I see the police officer’s face of the police officer two times in drinking, and knenenenee, knnee, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne, kne.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (voluntary conversation Ear) and telephone conversation;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. In light of the details of the crime of sentence determination and the method of law, the sentence execution shall be suspended only once, taking into account all the circumstances, including the following: (a) the fact that the nature of the crime is not easy in light of the process of the crime of sentence determination; (b) the fact that prior to the instant case, there was a history of punishment by a fine for violent crimes; and (c) the fact that the Defendant was unable to receive a letter from the victim; (d) the Defendant’s mistake is against the spirit and treatment; and (e) the Defendant’s career and family relationship

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

유사 판례

-대구지방법원 포항지원 2019.11.07 2019고단1032

-서울서부지방법원 2020.01.03 2019고단3694

-대구지방법원 포항지원 2021.03.23 2021고단169

-인천지방법원 2019.10.17 2019고단4584

-창원지방법원 통영지원 2021.03.04 2020고단1555