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(영문) 전주지방법원 2016.06.16 2016고단389

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2016, at around 23:20, the Defendant was under the influence of alcohol in the front of Gwangju Northern-gu C, and the contact accident occurred while driving D's low-income vehicle while receiving a traffic accident report and was called to the site, and was required to take a drinking test from the circumstances F of the E District belonging to the Seoul Northern Police Station.

The Defendant refused to respond to the F's demand for alcohol measurement, thereby putting F's arms in hand with her head and arms, sealed F's chest, her head and arms, and thereafter she was placed on the floor of the f in front of the wall when the Defendant was trying to flee along the f's head and arms, she was placed on the f's shoulder by causing the Defendant, she was placed on the f's shoulder, she was placed on the f's shoulder with her hand, and she was f's bridge by spreading the F's bridge.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on traffic accident reporting cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a criminal investigation report (hereinafter referred to as the "video reading") and a criminal investigation report (the video verification recorded on the date of this case);

1. Relevant provisions of the Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for the crime.

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment set in the sentencing guidelines [the scope of the recommended punishment] [the scope of the punishment [the scope of the recommended punishment] to prevent the performance of official duties] to the mitigated area (the scope of interference with the performance of official duties]: Where the degree of violence is insignificant (the scope of the recommended punishment]; - 8 months;

2. The defendant's decision to punish a criminal defendant reflects the defendant's wrong wrongness while committing a crime.

There is no criminal history of the defendant, and there is no criminal punishment exceeding a fine.

The degree of assault used by the defendant is relatively relatively minor.

In addition to these circumstances, the punishment as ordered shall be determined in consideration of various conditions of sentencing as shown in pleadings, such as the defendant's age, sexual conduct, details and details of the crime, and circumstances after the crime.