(영문) 대전지방법원 천안지원 2016.05.27 2016고단153

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2016.05.27 2016고단153

공무집행방해

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around 00:50 on February 9, 2016, the Defendant was under the influence of alcohol, and the Defendant was subject to notification as a violation of the Punishment of Minor Offenses Act by the staff of the Dong-dong Police Station D police box in 112 at the time of the police station in Yanancheon-gu, Chungcheongnam-gu., the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of report 112 by assaulting about 20 minutes, such as flaps and flaps and arms to board the patrol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [the types of decisions] The basic area [the scope of the recommended punishment] from June to April 1st, 200, the basic area of Class 1 (Interference with and Forced Performance of Official Duties) [the scope of the recommended punishment]; and

2. The sentence shall be determined as ordered by taking into comprehensive account the following circumstances: (a) the fact that the defendant in the decision on the sentence of sentence commits violence against the police officer who was dispatched after receiving a report for a considerable period of time under the influence of alcohol; (b) the criminal punishment of the defendant (which has the power to suspend the execution of the same kind); (c) the fact that the defendant recognizes and reflects the crime; (d) the fact that a certain amount of money is deposited for E; and

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