logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2021.01.14 2020고단442
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

1. On October 3, 2020, the Defendant: (a) reported on October 3, 2020, around 20:50, that “the other party to a traffic accident shall exercise force after the traffic accident” and received a report from B, a police officer belonging to the Jeju Police Station D Zone, who was dispatched, driven alcohol by the Defendant.

In order to be required to take a drinking test due to reasonable grounds to determine the person, the police officer failed to comply with the drinking test, who took a drinking measuring instrument used by the police officer, taken the face of the breath, and assaulted the breath of the police officer once by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported crimes and criminal investigations by police officers.

2. On October 3, 2020, the Defendant: (a) arrested a current criminal committing a crime interfering with the performance of official duties as stipulated in paragraph (1) as a police officer; (b) brought the Defendant to the Jeju Police Station D District Unit located in the YF around 21:12 on October 3, 2020; and (c) refused to comply with a demand for a measurement of re-driving alcohol by the police officer E at the seat of the 21:19 on the same day; and (d) assaulted the police officer without any knee one time to walk.

As a result, the defendant interfered with legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. The application of each statute to the defendant's legal statement G, E, and B by cell phone image data in each police statement protocol;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. On the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: the Defendant’s age, sexual behavior, family environment, motive, means and consequence of the crime, and various sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime.

A bad condition: The defendant shall take a drinking test from a police officer who is requested to take a drinking test.

arrow