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(영문) 대구지방법원 김천지원 2016.04.28 2016고단131
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2016, at around 22:30, Kimcheon-si B, the Defendant attempted to take a drinking test for traffic accident investigation by D, a police officer affiliated with the above police box, and attempted to take a drinking test, and obstructed the police officer’s legitimate performance of duties in relation to the prevention, suppression, investigation, etc. of the crime by taking the 4:5 parts of his head away away from the above D’s control, and thereby obstructing the police officer’s legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of a report on internal investigation (Attachment of a victim’s photograph) and a report on investigation (Attachment of a CCTV fix photograph);

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

1. The main sentence of Article 62(1) of the Criminal Act (the main sentence of Article 62(1) of the Act on the Suspension of Execution does not mean that the nature of the crime committed by drinking the head of a police officer is less severe, and there is a record of having been sentenced to the suspension of the execution of imprisonment for the same kind of crime as the previous violence crime several times. However, in addition to the previous 15 years prior to the punishment of a fine by driving without a license for drinking alcohol, the above type of crime was not committed, and the following facts were not committed, and the scope of the recommended sentence according to the sentencing guidelines considering the fact that there was no previous criminal record after around 207.

[Determination of the type] Class 1 (Interference with the Execution of Official Duties and Compelling the Performance of Official Duties) [Scope of Punishment] Imprisonment with prison labor for 6 months from 6 months to 1 year (basic area)

1. Article 62-2 (1) of the Criminal Act on the community service order;

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