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(영문) 전주지방법원 2015.11.26 2015고단1594

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant and his senior high school C et al. enter the same city as Kim Jong-si, a vehicle driven by Jeonju City and driving by C, on April 21, 2015, on the ground that the traffic accident occurred in front of the credit union Kim Jong-dong, Kim Jong-dong, Kim Jong-dong on April 21, 2015, which was reported and sent to 112, the Defendant and his senior high school C et al. were suspected of drunk driving by the police officers E, who were called to the D Zone D Zone for Kim Jong-dong, and led to voluntary operation to the above D Zone Office for the measurement of drinking alcohol.

At around 17:40 on the same day, the Defendant expressed his desire to “the same farb farb farb farb far farb farb far farb far far farb far far farb far far farb far far farb far farb far farb far farb far farb farb farb farb far far farb farb far farb farb far farb farb far farb farb far farb far farb far farb far farb far far far far far far far far far far far)” on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

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

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. From one month to five years of the applicable sentences in law; and

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence].

3. Although the nature and circumstances of the instant crime are not good, the Defendant is the primary offender, and the instant case.