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(영문) 광주지방법원 2017.10.20 2017고단3962
공무집행방해
Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On August 25, 2017, at around 22:40, the Defendant was required to conduct a drinking test by a police officer controlling drinking while driving a B-car on the roads near the Seo-gu Mancheon-gu, Seo-gu, Gwangju, and confirmed the fact of drinking through a drinking reduction.

The Defendant: (a) the police officer in charge of crackdownd away from the vehicle and demanded the measurement of drinking; (b) the police officer in charge of the crackdownd the vehicle in cooperation with him; (c) went on the 8-lane road in the vicinity; and (d) the police officer, who is the police officer belonging to the C police station, went away from the Defendant; and (c) the Defendant committed assault in a manner that the shoulder part of the police officer in charge of the C police station was pushed away from the Defendant, resulting in the Defendant’s hand, cut down one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning traffic control of police officers and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to investigation reports (drinking drinking and arresting process);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant’s age, sex, criminal conduct, environment, family relationship, motive and consequence of the crime; and (b) the conditions of sentencing indicated in the record, such as the circumstances after the crime, etc.

A favorable circumstances: The defendant is led to confession, and is against himself.

Police Officers D, who were assaulted by the Defendant, agreed with the Defendant.

Unfavorable circumstances: The defendant committed an assault against the police officer while escaping from the crackdown on driving alcohol, and the nature of the crime is bad.

around May 201, the Defendant was sentenced to criminal punishment for two years of suspended execution for a period of eight months due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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