(영문) 대구지방법원 2019.02.19 2018고단5660

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.02.19 2018고단5660

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

At around 22:50 on November 27, 2018, the Defendant: (a) expressed a desire to verify the circumstances of the instant case to E, who was sent to the site after receiving a report from 112 while the business owner and franchising in relation to the calculation of the drinking value; (b) followed the Defendant’s legitimate execution of duties by the police officer on the handling of the reported case, on several occasions, on the part of E’s bridge, which was sent to the site after receiving a report from 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of damaged victims;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and six months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence];

2. Circumstances unfavorable to the decision of sentence: The nature of a crime that prevents the defendant from performing his/her duties by committing an assault against a police officer wearing a uniform called after receiving a report on 112 under the influence of alcohol. The degree of assault is also unfavorable: The defendant recognizes and reflects the crime. Taking into account all the circumstances, such as the defendant's age and occupation, character and conduct, environment, the motive and circumstance of the crime, means and consequence of the crime, and the circumstances that are conditions for sentencing, such as the defendant's age, occupation, character and conduct, and environment, no more punishment than fines, etc.,

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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