(영문) 대구지방법원 2016.11.25 2016고단3709

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.11.25 2016고단3709

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On July 15, 2016, at around 23:40, the Defendant was under the influence of alcohol in front of C in Daegu-gu, Daegu-gu, upon receiving a report from 112, the Defendant obstructed the police officer’s normal performance of official duties in relation to the duty of dispatch of report 112 by the police officer in order to see the circumstances leading up to the patrol team of the Daegu-nam Police Station, which was called the location of the Defendant’s body.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement of the police statement regarding E;

1. Application of each of the Acts and subordinate statutes stated in Part I of the service log of a police box, 112 report handling table, and public official certificate;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions for sentencing favorable to the reasons for sentencing) of the suspended sentence [the scope of punishment under law] one to five years of imprisonment [the decision of the suspension of performance of official duties/performance of official duties] The basic field [the scope of the recommended sentence] [the decision of the recommended sentence] six to one year [the scope of the recommended sentence] [the decision of the sentence] was committed by the defendant several times of criminal punishment, but the crime of this case was committed. However, the degree of assault committed by the defendant was not serious, and the defendant did not have been subject to criminal punishment for the last ten years, the punishment is determined as ordered in consideration of all the sentencing conditions favorable to the defendant, such as the defendant's age, character and conduct, and circumstances after the crime, etc.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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