(영문) 대전지방법원 서산지원 2019.07.10 2019고단200

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 서산지원 2019.07.10 2019고단200

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, 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 January 18, 2019, at around 00:35, the Defendant received 112 reports to the effect that a driver inside the vehicle is unable to leave the vehicle by shocking the utility line at the front of the C cafeteria located in the city of Jinjin-si, and assaulted the Defendant by taking a drinking test on the ground that he was snificingd to the Defendant by the superintendent of the police box affiliated with the police box of the Jinjin-si Police Station, who called to the site, and was requested to take a drinking test on the ground that he was sniffly smelled to the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to E and F;

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. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence is not against the punishment of the crime, but is not against the defendant's wrong, there is no criminal power in the same kind of crime and no criminal power exceeding the fine, the degree of violence is not severe, and all the circumstances, such as the age, character, conduct and environment of the defendant, shall be determined as ordered by taking into account the following factors:

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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