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(영문) 수원지방법원 안산지원 2016.04.07 2016고단162

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 December 26, 2015, the Defendant, around 22:50, at the vicinity of the so-called "Seongsung Elementary School" in 119, which was a member of the Arts University of Ansan-si, the Defendant: (a) reported that the head B belonging to the transportation management division of the Nansan-gu Police Station, who controlled the Defendant's friendly type as a person suspected of drinking alcohol and intends to take a drinking test when he/she takes the vehicle in which the police is sealed; and (b) prevented the Defendant from taking a measurement by assaulting, such as taking the arms of the above B several times, and pushing his/her body with his/her son.

Accordingly, when a slope C belonging to the transportation management division of the Ansan-gu Police Station, which was under influence of alcohol control along with the above B, was the defendant, the defendant committed assault, such as drinking C's fritha when she took a bath to "this frith", and drinking fritha.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police statement protocol law to C and B;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order shows the appearance of the defendant to make a confession and reflect on the instant crime, and there is no record of punishment for the same crime committed by the defendant, except that the defendant does not reach an agreement with the victim police officers, etc., within the scope of the standard for sentencing [basic area: June - January 1] as the order shall be determined on the basis of all the circumstances.