(영문) 대구지방법원 김천지원 2019.06.11 2019고단120

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2019.06.11 2019고단120

공무집행방해

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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

around 21:42 on February 10, 2019, the Defendant: (a) reported at the front parking lot of “Cmate” located in the Gumi-si B; and (b) reported on 112 that “E affiliated slope E (35 years old) sent to the site by one male son,” and sent to the site, recommended the Defendant to return home, and there are three or more people: (b) the Defendant sent a bath to “Is the dog, nis, nis, nis, nis, nis, nis, nis, kis, and walked to the slope; (c) the Defendant kept the back door of the vehicle without departing from the patrol vehicle on which E was on a slope; and (d) the Defendant got a sloping to walk the chest signal of Defendant E, including the sloping of his head.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression, maintenance of order, etc. of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Investigation report (on the spot accompanied by ctv images), application of photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and reasons for sentencing under Article 136 (1) of the Criminal Act for the choice of punishment;

1. Scope of applicable sentences under law: One month to five years; and

2. Application of the sentencing criteria (determination of types). Type 1 (Obstruction of Performance of Official Duties) (Scope of Recommendation and Recommendation), the basic area of the obstruction of performance of official duties (Scope of Recommendation and Recommendation), six months to one year and six months.

3. Determination of sentence: 10 months of imprisonment with prison labor, the fact that the defendant shows both recognition of and reflects on the crime from the beginning of the investigation, and that there is a family member to support the defendant, shall be considered in determining sentencing.

However, the defendant has been punished several times due to the same crime or the crime of violence, and the defendant has been sentenced to a suspended sentence of imprisonment due to the injury in 2017, and the suspended sentence is also the same.

참조조문

-형법 제136조 제1항

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