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(영문) 대전지방법원 천안지원 2016.12.06 2016고단1790
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 August 20, 2016, at around 05:05, the Defendant: (a) shocked a parked motor vehicle in front of the “Dnoby club in Seo-gu, Western-si C” on the front side of the “Dnoby club,” which was driven by the Defendant, but was requested by F to conduct a drinking test from the Defendant’s policeman belonging to the E Zone Unit of the YY, the YY, who was called out after receiving the 112 report, followed the Defendant’s face one time as blue part of the victim’s blue; and (b) obstructed the Defendant’s vehicle parked due to the blue of the victim.

As a result, the Defendant interfered with the legitimate performance of duties by police officers regarding the 112 Report Processing Affairs, and at the same time, the Defendant inflicted injury on the victim about two weeks of medical treatment and the savement of oral lectures.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. Statement of opinion;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The case of obstruction of performance of official duties in the aggravated area (six months to two years) of the first category of general injury (the scope of recommendation) (the scope of general injury) (the case of obstruction of performance of official duties for a person under special circumstances);

2. The decision-making process of sentence is focused on the case in light of the contents of the crime. It has no particular criminal history, reflects the fact that there is no other criminal history, the age, character and conduct of the accused, and circumstantial situation

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