(영문) 대구지방법원 2019.09.27 2019고단2986

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.09.27 2019고단2986

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2019, the Defendant: (a) around 03:22 on May 30, 2019, at the top of the C cafeteria located in Busan City, and (b) on May 30, 2019, the Defendant obstructed the Defendant’s legitimate execution of duties concerning the receipt and treatment of the police officer’s 112 report, in consideration of the police officer’s 112 report, who was dispatched after receiving the report of 112 report pertaining to the C cafeteria; and (c) the police officer, who was a police officer of the

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each report on investigation;

1. Application of the statutes governing the place of service for a police box;

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

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

1. Scope of applicable sentences under law: One to five years of imprisonment;

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. Determination of sentence: Determination of sentence shall be made in full view of the following circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the arguments in this case:

Disadvantageous circumstances: It is necessary to impose strict punishment on the crime of obstruction of performance of official duties in order to eliminate the poor quality of the crime in light of the contents of the crime and to establish the state's legal order and eradicate the light of public authority

The favorable circumstances: Recognizing the crime, it is against the law.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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