(영문) 대구지방법원 서부지원 2019.06.21 2018고단3023

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 서부지원 2019.06.21 2018고단3023

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 October 21, 2018, the Defendant, at the Daegu Seo-gu Police Station C District District of the Daegu Seo-gu Police Station located in Seo-gu B around 02:10, 2018, laid down the said district zone in the taxi under the influence of alcohol, and then requested a police officer affiliated with the said district group to unfold the cell phone scam to contact the scam of the mobile phone in order to contact the scam. B, while taking a bath, he was able to take the face of the scam of the mobile phone on one occasion.

Accordingly, the defendant interfered with legitimate execution of duties on crime prevention and suppression of police officers D, who wear police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A taxi charge receipt;

1. Application of statutes governing the place of work;

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

1. In light of the following: (a) a crime that interferes with the legitimate execution of official duties on the grounds of sentencing under Article 62(1) of the Criminal Act is deemed bad; and (b) the Defendant again repeats the instant crime despite the same criminal record (a fine of KRW 700,000 in 2010), it is necessary to punish the Defendant with strict penalty.

However, in full view of all the circumstances, including the following: (a) the Defendant recognized the Defendant’s mistake and did not repeat the offense; and (b) the Defendant complained against the Defendant’s preemptive action; (c) the Defendant has no criminal record exceeding the fine; (d) there is no economic situation; (e) the Defendant is responsible for the livelihood of wife and her child (2017); (e) the Defendant’s family members’ wife’s family members, who wished to have the Defendant’s her family member’s her family member, and (e) other circumstances, such as degree of damage; (e) background and degree of the offense; (e) the degree of the offense; (g) circumstances after the commission of the offense

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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