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(영문) 대구지방법원 경주지원 2016.06.29 2016고단65
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 30, 2015, the Defendant was sentenced to a fine of KRW 1,00,00 as a crime of violating road traffic law (dacting driving) in the Daegu District Court on December 15, 2015, when driving a car under the influence of alcohol content of 0.069% in front of the blood while driving a car in front of the racing on the street of B, and on December 15, 2015, the Defendant was sentenced to a fine of KRW 1,00,000,000.

On December 16, 2015, the Defendant found to have tried to resist the crackdown on drinking, at around 22:00, to the C police box located in E on December 16, 2015, and then, to the assistantF belonging to the above police box, which was equipped with the entrance door for the shift of the outside, “the police is working properly.”

I am to see whether it is immediately possible to see, i.e., to see the trial expenses, and enter the police box into the door door, and 22:10 on the same day, the Doctrine, which she was able to sit inside the police box and resisted against drinking control to Doctrine D, and the above F she sawd the heavy coffee into the paper cup, and she immediately sawd the top of the F's bridge.

As a result, the Defendant assaulted F and interfered with the legitimate performance of duties concerning the shift of police officers and the maintenance of public order within the jurisdiction.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Photographs of police officers and copies of work logs;

1. Application of Acts and subordinate statutes to investigation reports (ctv Cd Renovation Results);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the scope of the sentencing guidelines]: Imprisonment with prison labor for a crime interfering with the performance of official duties; from six months to one year and four months;

2. The crime of this case, which was determined to be sentenced, is a case of using violence to police officers who are lawful performance of official duties, and thus, the nature of the crime is not weak, and the defendant's police box is found to have been committed in the course of responding to the crackdown on driving under the influence of alcohol.

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