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(영문) 광주지방법원 2016.03.03 2015고단5235

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:50 on November 6, 2015, the Defendant requested the Defendant to conduct a alcohol test on the ground that the Defendant: (a) on the two-lanes in front of the market C District of the Jeju Police Station C District; and (b) on the ground that the Defendant demanded the Defendant to conduct a alcohol test at the F C District of the Police Station C District; and (c) on the ground that the Defendant was taking a alcohol test at the driver’s seat of the F PP car.

n'n't see the driving.

There was no error in fact.

“Absing and obscing the body of the said D, and assaulting the face of the said E, such as drinking it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to a report on investigation (on-site photographs);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] : (a) the mitigated area (i) (i) the mitigated area (i.e., interference with the performance of official duties or coercion of duties) (i.e., one month to eight months) [i., a special mitigated person] [i.e., a decision of sentence] the Defendant has no criminal conviction for the same kind; (ii) the Defendant has agreed with the victimized police officers; and (iii) the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and all other circumstances constituting the conditions for sentencing as shown in the argument of the instant case, including the circumstances after the crime. In full view, the sentence as set forth in the Disposition shall be determined.