(영문) 대구지방법원 김천지원 2018.02.22 2017고단1667

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 김천지원 2018.02.22 2017고단1667

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 November 12, 2017, the Defendant: (a) around 03:44, at the previous police box of the previous police station of the previous police station of the previous U.S., the Defendant took custody of the police box as part of protective measures on the grounds that the previous Defendant could inflict harm on his or her or another person’s life, body, and property under the influence of alcohol, such as taking a bath to the main driver and the customer under the influence of alcohol; and (b) he or she took custody of the police box as part of the protective measures; (c) the police officer of the police box, who was a police officer of the police box, took a bath to ask the personal information of the Defendant; and (d) took a b

Accordingly, the defendant interfered with legitimate execution of duties on police officers' protective measures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to report internal investigation (a CCTV image attached taken within a police box, which is the scene of the occurrence of the case);

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. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the fact that there exists any record of being punished by a fine due to interference with the execution of official duties for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation; (b) the degree of interference with violence and the performance of official duties; (c) the fact that a person with a disability in intellectual disability 3; and (d) the fact that he is a disabled person

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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