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(영문) 창원지방법원 2019.07.19 2019고단718

공무집행방해등

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 2, 2019, at around 22:30, the Defendant driven a B-learning car and driven the front road D in Kimhae-si, the Defendant stopped in accordance with the direction of the victim F (year 21) of the police station E, which was under the influence of drinking at that place, and responded to the alcohol reduction test.

The Defendant, who was demanded by the victim F to set off his car on the ground that the alcohol reaction had occurred from the victim F, and the victim F was under his own initiative before the driver's seat in his hand, continued to proceed with the victim F, thereby causing injury to the FF, such as salt, tension, etc. of other parts of the right-hand edges that need to be treated for about two weeks, by putting the car of the Defendant, getting the center of the driver's license, getting the driver's license, getting the center of the driver's license, getting the right-hand edges back, and having the victim F.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on traffic control, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on investigation (verification of CCTV images) and a photograph by capturing CCTV images;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account various sentencing conditions, such as the following circumstances, Defendant’s age, character and conduct, health status, the degree of assault exercised by police officers, the details and circumstances of the instant crime, and the circumstances after the crime.

Unfavorable circumstances: the Defendant refused the demand of a police officer to leave the vehicle and obstructed the above police officer’s legitimate performance of official duties; thus, the Defendant’s crime is not good in light of the circumstance, method, mode, etc., and the instant crime.