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(영문) 청주지방법원 2017.05.02 2016고단2295
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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

The Defendant, around 00:20 on August 15, 2016, at the “C” singing practice hall located in Heung-gu, Goak-gu, Goak-gu B, Cheongju, was exposed to the crackdown on the driving of alcohol, and was coming from the vehicle to the place of drinking measurement, and the slope D driven the vehicle on the side by driving on behalf of the Defendant’s vehicle in lieu of the Defendant’s vehicle, and led the said D to “stop off from the vehicle as soon as possible,” saying.

The reason why E prevents the Defendant, the Defendant, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, the left part of the E, the back part of the head with the hand floor, one time, and sealed and interfere with the legitimate execution of official duties by the police officer under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on police statements made to E and D;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] In the case where the degree of violence, intimidation, and deceptive scheme is minor (one month to eight months) in the mitigated area (i.e., interference with the performance of official duties and coercion) [Special mitigated Persons] [the decision of sentence] and the degree of violence is relatively minor, the defendant is in initial and misleading depth, there is a family member of the defendant, there is a family member of the defendant, and the defendant's age, sex behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc. are considered.

It is so decided as per Disposition for the above reasons.

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