(영문) 대구지방법원 김천지원 2016.12.22 2016고단1155

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2016.12.22 2016고단1155

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 11, 2016, the Defendant: (a) 02:55, on the street in front of the Dong-dong Security Center of the Nowon-gu Police Station located in Geumsan City, 5:5-1, the Defendant took a bath without paying a fee at the expense of a taxi engineer, and (b) received a report from the police officer C, and the police officer D, who was called to the said site upon receiving the report of the taxi engineer, sought a recommendation to “undertake a taxi fee” from the police officer C, and the police officer D’s “undertake a taxi fee”. At the same time, the Defendant took the bath of the police officer’s bridge Do on two occasions and continued to take the face of the police officer C with the background of the hand-on.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

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

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

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. One month to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria [Determination of the type of the obstruction of the performance of official duties] Category I (Compulsory Obstruction of the Performance of Official Duties) (Scope of Recommendation Punishment] Imprisonment with prison labor for six months from June to April (Basic Area).

3. It shall be sentenced as ordered in consideration of the fact that a police officer has been subject to punishment one time due to a final and conclusive violent crime, and that it appears that he/she would have been under the influence of imprisonment with prison labor in light of the use of violence against police officers, the degree of violence, etc., and that he/she could have been under the influence of a fine only once, and that he/she recognized a

참조조문

-형법 제62조 제1항

-형법 제62조의2 제1항

-형법 제136조 제1항

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