(영문) 대구지방법원 포항지원 2019.07.18 2019고단499

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자간(%)

(영문) 대구지방법원 포항지원 2019.07.18 2019고단499

공무집행방해

Text

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

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:10 on February 12, 2019, the Defendant: (a) 112 reported that “the Defendant, while under the influence of alcohol, took a bath to D’s business owner of the said sub-resident; and (b) was subject to restraint from F’s position in the E zone of the Poter Police Station E zone, and the said F was asked the Defendant to inquire of the Defendant’s personal information; and (c) assaulted the said F’s chest by having the two hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the statutes governing the place of service of the 112 Reporting Report Report List and G police box;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The sentence of imprisonment shall be chosen by taking into account the following circumstances: (a) the nature of the crime is not easy in light of the process of the determination of the sentence; (b) the records of fines for property damage and violent crimes committed prior to the instant case; and (c) the fact that the Defendant was not able to receive a letter from the victim; and (d) the execution of the sentence shall be suspended only once in consideration of the age, family relationship, health, etc. of the Defendant, including the fact that the Defendant’s mistake is against the Defendant

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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