(영문) 청주지방법원 2015.11.30 2015고단1094

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자간(%)

(영문) 청주지방법원 2015.11.30 2015고단1094

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 June 9, 2015, the Defendant: (a) requested the police officer E to sign and seal documents related to drunk driving while investigating the suspicion of drunk driving in the D District D Zone located in Chungcheong-gun C; and (b) assaulted the above E, such as taking a bath that “I will see it difficult for the Defendant to see drinking, and I will see it? I will see whether I will see it’s drinking, and I will see it? I will see how you can see it’s fat, and see the fat of the E’s upper right shoulder.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to photograph description, investigation report (CCTV fix photographs and CD attachment);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. The grounds for the suspended sentence under Article 62(1) of the Criminal Act include the contents and results of the instant crime, the background and circumstances of the crime, the circumstances after the crime, the circumstances after the crime is committed, the defendant has no criminal record other than the fact that the defendant has been punished twice by a different type of fine, and the conditions of sentencing as shown in the argument of the instant case are equally taken into account, and the following sentence shall be determined within the scope of the recommended sentencing guidelines of the Supreme Court sentencing committee, which

[Scope of Recommendation] Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) Basic Field (6 months to 1 year and 4 months) of the Obstruction of Performance of Official Duties and there is no person who is sentenced to a special punishment (determination of sentence), six months of imprisonment, and one year of suspended execution

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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