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(영문) 대구지방법원 서부지원 2016.11.17 2016고단1731
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On July 21, 2016, at around 01:30, the Defendant, while driving a vehicle in an abnormal manner, such as under the influence of alcohol on the front of the Seogu Seo-gu, Seo-gu, Daegu, “Dcafeteria,” and changing the vehicle line, was demanded from F, a police officer belonging to the Daegu Seo-gu, Seo-gu, Police Station E-gu, and was able to get off the vehicle and get out of the vehicle. In order to avoid regulating a person who is asked from F to inquire about whether to drive a drinking vehicle.

Accordingly, the F notified the Defendant that he had concerns over the Defendant’s escape was arrested as a flagrant offender in violation of the Road Traffic Act, and the Defendant attempted to arrest the Defendant, and the Defendant committed assault, such as the F’s hand knife, the knife F’s chest with hand and blue with the knife, the f’s chest with the knife, and the f’s drinking to the F, thereby obstructing the police officer’s legitimate execution of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a copy of the circumstantial statement of a host driver;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the suspension of execution of sentence shall be postponed in consideration of the following: (a) the responsibility of the accused for the crime is unfeasible; (b) the confession of the crime and the attitude against the accused is visible; and (c) the accused has no criminal record exceeding the same criminal record and fine);

1. Social service order under Article 62-2 of the Criminal Act;

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