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(영문) 광주지방법원 순천지원 2014.08.19 2014고단536

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 16, 2014, the Defendant is driving under the influence of alcohol in the virtue ginseng in the Mineyang-Eup at the time of Mineyang-si on February 16, 2014.

Soveryang-si, Mayang-si, was voluntarily operated according to the Mineyang Police Station C.

At around 03:20 on the same day, the Defendant received a request for returning home from police officers, including C Zone D (Age 51) who belong to the victim, after completing an investigation into drinking driving in the above District Office.

The Defendant, upon receiving a police officer’s demand for returning home, expressed his desire to “the police tye may die,” and demanded the victim to change water to the victim, and caused the victim who followed the instant cup by the Defendant’s body to go against knee in the face of knee.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation and maintenance of public order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act has been under unfavorable circumstances, such as the fact that the defendant has been sentenced to a suspended sentence of imprisonment for the same crime, but is against the situation, the degree of violence exercised by the police officer and the degree of damage therefrom, etc., shall be taken into account once again, and probation and community service shall be imposed together;