(영문) 대전지방법원 홍성지원 2019.10.15 2019고단404

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줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2019.10.15 2019고단404

공무집행방해

Text

The punishment of the accused shall be set forth in six months.

except that the above sentence shall be executed for one year after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 5, 2019, at around 03:40 on May 5, 2019, the Defendant: (a) was under the influence of alcohol at the Defendant’s house located in Seocheon-gun BBD; (b) was under the influence of alcohol, and reported on May 5, 2012 that “I will drink and incidental things; (c) have been engaged in any dangerous conduct; (d) was assigned to the D Zone Unit of the Seocheon Police Station, Seocheon-gu, Seoul; and (e) was at the same time, F to make the Defendant wear his arms, sit the Defendant into a cell wave; and (e) was defective so that F would make the Defendant said F’s arms to be genuine, and then cut off the shoulder part of the said F with both arms.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases and criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act [the sentencing guidelines] shall be determined by comprehensively taking account of the following factors: (a) there is no [the category 1] obstruction of the performance of official duties/performance [the scope of recommendations and recommendations] basic area; (b) the background and degree of the Defendant’s assaulting the police officer; (c) the circumstance and degree of the Defendant’s assaulting the police officer; (d) the Defendant appears to have committed contingent crimes; (d) the police officer who has committed assault wants to take the Defendant’s preference against the Defendant; and (e) the Defendant’s age, criminal records (no criminal records of the same kind and the suspension of execution of execution of his/her duties), family, environment, etc.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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