(영문) 대구지방법원 2018.02.28 2017고단6630

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.02.28 2017고단6630

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant reported on October 29, 2017, 01:45 around 01:45, 112, such as that a drunk person does not pay a taxi fee, and the Defendant requested the Defendant to return home to the Defendant, the police officer of the Daegu Gangnam-gu Police Station Cdistrict, and E, dispatched to the site, “Chewing, bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit

Doz. Doz. Doz.

“Abruting”, D was unable to open the rear of the patrol vehicle to be driven by a patrol vehicle while on board the patrol vehicle, and used violence, such as cutting off the left shoulder of E to the patrol vehicle by hand, and destroying it to the floor of the patrol vehicle.

Accordingly, the defendant interfered with the police officer's legitimate performance of duties on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. A written statement;

1. Application of Acts and subordinate statutes on investigation reports (as to attachment of a copy of work log);

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is determined as ordered by taking into account the following factors: (a) the crime of this case was committed against a public official in the performance of official duties, which is not good in the nature of the crime; (b) the defendant reflects the fact that he was subject to a pardon from the defendant; (c) the police officer wishes to take the Defendant’s preference after being subject to a pardon from the defendant; (d) the defendant has no criminal record exceeding the fine; and (e) the defendant’s age, sex, environment

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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