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(영문) 창원지방법원 통영지원 2018.03.23 2017고단1454
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 19, 2017, at around 02:10, the Defendant: “D gas station” in Kimhae-si, and on the ground that E in the process of the Kimhae-si Police Station: (a) controlled F, a driver of a vehicle he was a driver of the vehicle he was seated, and carried out a proxy engineer, the Defendant: (b) stated that “I do not seem to frien any frien, and if I am under the influence of drinking, I would like to see why I would not directly go through the patrol lane; and (c) I would like to see the face of the above E on his hand, I would like to threaten I, and said I would like to put I frier frier frier frier frier frier f, which would be “I frith if I frith frith frith is not inside the police.”

As such, the Defendant interfered with the legitimate performance of duties by police officers in charge of drinking driving control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 62(1) of the Criminal Act under the suspended sentence is a type 1 (Interference with the performance of official duties and coercion of duties) in the basic area (from June to January) of the sentence, and there is no previous conviction except the decision of a fine, the defendant is against himself, and the amount of damage is not severe, contingent crimes are not severe, the defendant's character, conduct and family environment, etc. are considered.

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