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(영문) 대구지방법원 김천지원 2016.05.18 2016고단318

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 17, 2016, the Defendant was driven by D on the front of the C Building in Gumi-si around 00:00

E Pap 508 on board, while having been on board, the police officer G and police officers belonging to the F District of the police station of the old US, demanded the above D to take a alcohol test, and the intent of obstructing the measurement of drinking, and the above G is to prevent the above G from being cut off from the above vehicle, and “I am off, I am off, I am off, I am off, I am off, I am off the body of the above G with the body of the above G on two hand, and am off his chest and shoulder with the two hand continuously.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on driving of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. Application of the Acts and subordinate statutes to photographs by photographing screen pictures, video CDs and images upon the commission of a crime;

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

1. Article 62(1) of the Criminal Act on the stay of execution (The following circumstances in which the sentencing is considered to be taken into account);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] shall interfere with the performance of public duties, and the basic area (festing to the performance of public duties and coercion of duties) of the types of one (fest to June or April);

2. The crime of this case committed by the defendant who was sentenced to a sentence was committed by the police officer, when the police officer demanded D driver of a vehicle that the defendant was on the motion of the driver to take a drinking test, and thus obstructing the legitimate performance of duties by the police officer by assaulting him, such as pushing the chest and shoulder of the police officer G G with the intent to obstruct drinking measurement, and thus, the illegal punishment of the act was serious, and the suspension period of execution due to the violation of the Road Traffic Act (the current duration of driving), as well as the trial procedure was under way due to the violation of the Road Traffic Act (unlicensed driving) which was sentenced to a fine.