(영문) 대구지방법원 2016.06.30 2016고단722

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.06.30 2016고단722

공무집행방해

Text

A defendant shall be punished by imprisonment 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

On January 1, 2016, at the “C” parking lot located in G, 08:40, around 08:40, the Defendant: (a) expressed the desire to take measures, such as “kin and fake”; and (b) conducted a drinking test against D, the Defendant confirmed that the alcohol concentration in the blood is 0.097%; and (c) confirmed D “if the Defendant wants to take measures to drive, it would be an agent; and (d) while carrying the key of the said vehicle, the Defendant caused the key of the said vehicle and obstructed the police officer’s legitimate performance of duties to prevent and maintain the order and order by assaulting the left hand hand of the Gyeong F, which was caused by driving the alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence [the scope of recommendation] The grounds for sentencing under Article 62(1) of the Criminal Act [the scope of recommendation] interference with the performance of official duties, and where the extent of assault, intimidation, and deceptive scheme is minor (one month to eight months) [the person who has been specially mitigated] [the decision of sentencing] as set forth below, the circumstances constituting the sentencing conditions on the records of this case, such as the age, sex, sex, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as set forth in the order.

D. Unfavorable circumstances: The defendant's use of violence against a police officer who is performing legitimate official duties, and his/her liability for such crime is not against the law.

The degree of assault by the defendant is relatively relatively less than that of the defendant.

The defendant shows a attitude against his mistake.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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