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(영문) 창원지방법원 진주지원 2016.02.16 2015고단1287
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 becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2015, the Defendant discovered that a slope C, a police officer belonging to the Gyeongcheon Police Station B police station, was under the influence of drinking, and the Defendant was under the influence of drinking prior to the towing, making it difficult for the Defendant to avoid disturbance, such as taking a bath to police officers, and blocking the vehicle moving into the center at the center.

Accordingly, as the above C prevents the Defendant, “C dyp fribb humbbs control?”

1.22 12 122

“In doing so, he/she interfered with his/her legitimate execution of duties concerning the control of drinking alcohol and the maintenance of public order by assaulting, such as cutting down his/her breath and pusheding with hand.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the respective Acts and subordinate statutes of D and E;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] the basic area (six months to one year and four months) (the interference with the performance of official duties and coercion of official duties) is nonexistent;

2. In light of the fact that the Defendant committed an assault against a police officer in the course of performing official duties, and that there is a need to strictly punish the Defendant’s crime obstructing the performance of official duties in order to establish a state’s legal order and eradicate a light of public authority, etc., the Defendant’s liability for the crime is not against the law.

However, in consideration of the fact that the defendant is against the time of committing the crime of this case, there is no record that the defendant was punished for violent crimes including interference with the performance of official duties, and other various sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sex, family relationship, etc., the punishment as ordered shall be determined.

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