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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1256

공무집행방해

Text

A defendant shall be punished by imprisonment for 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

On September 24, 2015, around 20:05, the Defendant: (a) while under the influence of alcohol 0.108% in the blood alcohol while driving a vehicle, and (b) was under the influence of alcohol 0.108% in the influence of alcohol from a slope F of the Sacheon Police Station affiliated with the Sacheon Police Station where the vehicle was driven, the Defendant expressed his/her bath to “Ie Ie Ie Ie”, and (b) took the face of the said F once in drinking.

Defendant 1 continued to move the Falle to a place less than 10 meters away from the above Falle, and following it: “I am hyle, I am hyle, I am hyle, I amle to

“In doing so, at one time at the left slope of F slope in drinking, he assaulted a police officer who is performing official duties, such as walking the left side of the F slope three times, and interfered with a police officer’s legitimate performance of duties concerning traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of criminal records against A of a suspect, such as written judgments, etc., and accompanying photographs of police officers damaged by photographing the suspect);

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 Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) is nonexistent;

2. In light of the fact that the Defendant committed the instant crime with assault against a police officer in the course of performing official duties, there is a need to strictly punish a crime obstructing the performance of official duties in order to establish a state’s legal order and eradicate a light of public authority, and that the Defendant has been punished several times due to violent crimes, etc., the Defendant’s liability for the crime is not against the law.

However, the fact that the defendant is against the defendant when committing the crime of this case, and there is no record of punishment that exceeds the same power or fine.