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(영문) 창원지방법원 통영지원 2015.10.07 2015고단702
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

On July 25, 2015, at around 23:25, the Defendant, on the ground that, on the front day of a restaurant in C at the time of drinking, the Defendant, on the ground that he did not properly control the drinking of a vehicle operated by a person who drank alcohol to the head of the police station, who controlled the drinking driving.

Accordingly, “A vehicle that had previously been drunked is a vehicle. The same as under the influence of alcohol. The Defendant heard the horses, and the Defendant, by hand, abused the work appearance used for E once by putting the head of E into the ground, and continuously turning off E by hand, thereby interfering with the Defendant’s rightful performance of duties concerning traffic control by assaulting the Defendant’s hand in a way that “Choty fri,” while putting the Defendant’s hand into her hands, and again turning into the e’s hand.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act;

1. Where the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] is minor in the scope of the mitigated area (one month to eight months) of the obstruction of performance of official duties (the scope of the recommended sentence];

2. Determination of sentence - Unfavorable circumstances: Offenses of obstruction of performance of official duties are not good;

- A favorable circumstances: The degree of assault is relatively minor, the degree of assault appears to be a contingent crime resulting from misunderstanding, and reflects it.

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, are taken into account, and the community service order is added with reflective and sexual reflection.

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