(영문) 대구지방법원 안동지원 2016.08.26 2016고단456

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 안동지원 2016.08.26 2016고단456

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 May 31, 2016, the Defendant: (a) was drunkly under the influence of alcohol in front of B studio at permanent residence, and was urged to return home from D and E to the police officer assigned to C’s seat at the site after receiving a report from 112; (b) the Defendant expressed the police officer’s own intention to return home to the site; (c) the police officer attempted to leave the site; (d) the Defendant intending to come to go home to D’s seat on the A’s own patrol car, and (e) carried a bath, i.e., “g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall interfere with the performance of public duties, and the basic area (from June to one year and four months) (the person who is subject to special sentencing] of the basic area;

2. Although the nature of the crime was inferior in light of the circumstances leading up to the crime of sentencing, the Defendant’s mistake is recognized and contradictory to himself, the Defendant’s primary crime without any previous conviction, and the fact that the Defendant deposited KRW 700,000 against the victimized police officer, etc., considering favorable circumstances, the Defendant’s age, sexual behavior, environment, etc., and the punishment as ordered is determined by taking account of all the sentencing conditions indicated in the instant pleadings, including the Defendant

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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