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(영문) 대전지방법원 2016.09.30 2016고단2128
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2016, the Defendant: (a) around 21:06, on the street in front of the “D cafeteria” located in Daejeon Seosung-gu, Daejeon; (b) reported a traffic accident-related 112 report and sent to the site, and (c) caused the circumstances under which the Daejeon Seosung-gu, Daejeon, Police Station E-gu, which was called to the site by the Defendant to put the Defendant’s driver G to a defective drinking measurement of drinking alcohol, and (d) caused the Defendant to display the order of the F one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers who handle 112 reporting affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes in which statements made by the police in F are recorded;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] There is no basic area (6 months to 1 year and 4 months) (the person subject to special sentencing) of the category 1 (the obstruction of the performance of official duties and the coercion of duties) [Pronouncement Decision] The majority of offenses caused by drinking was committed, and there was a record of being sentenced to a fine of KRW 10 million due to the same crime in 2010, and there was a record of being sentenced to a fine of KRW 10 million due to the same crime in 2010, and it is clear that the police's will is committed by drinking without any other reason, and the crime is recognized.

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