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(영문) 인천지방법원 2014.08.21 2014고단4160
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

On May 31, 2014, at around 00:40, the Defendant was subject to control on the ground that he driven a car while under the influence of alcohol to a police officer, such as the Incheon Samsan Police Station Assistant C, which arrived at the site upon receiving a request for support for the measurement of drinking alcohol on the side of the 623-ro, Sinsan-dong, Bupyeong-gu, Incheon Metropolitan City.

The Defendant, who was demanded by the above C to return home after the alcohol alcohol test, took a bath to “C to see what she she saw, or what she saw,” and boomed the body of the above C with her hand, and obstructed police officers’ legitimate performance of duties concerning the drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C, D, and E

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice 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. Application of the sentencing criteria [Categories of Crimes of Obstruction of Performance of Official Duties] There is no person who has been forced to perform official duties (special and general sentencing) (the scope of decision-making and recommendation-making in the recommended area]: Six months to one year and four months;

2. The defendant's decision of sentencing has no record of punishment except for a fine imposed twice by the defendant, and his mistake is pened in depth, and all kinds of sentencing data shall be integrated into the sentencing data, and the sentence shall be determined as ordered.

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