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(영문) 대구지방법원 안동지원 2018.02.20 2017고단429
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On June 21, 2017, the Defendant interfered with the performance of official duties, when he/she received 112 reports within the C hotel parking lot located in C hotel B at permanent residence on June 21, 2017, and when he/she demanded G to conduct a alcohol test to verify whether he/she is driving of G, the Defendant “I are male-gu and family members in the parking lot, and is taking a alcohol test when the accident occurred in the parking lot.”

The term "breath" and "breathing alcohol measurement", and the F used the F's shoulder in his/her hand while he/she prevented the Defendant, and used the F's shoulder at one time.

Accordingly, the defendant interfered with legitimate execution of duties concerning the duty of regulating drinking driving by police officers in uniform.

2. The Defendant, at the time, at the time, at the place specified in paragraph (1) above, failed to measure alcohol consumption of GIST due to the disturbance of the Defendant, voluntarily demanded G to accompany and deliver “voluntary accompanying consent” used by the police station, and submitted the “voluntary accompanying consent” to F after signing the “voluntary accompanying consent” to the police station, and the Defendant deducted the “voluntary accompanying consent” used by the Defendant F from the Defendant’s “voluntary accompanying consent” on the same page.

Accordingly, the defendant damaged documents used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (report on the situation at the time of dispatch to the site);

1. A copy of the work log;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes on voluntary consent of accompanying;

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (a point of obstructing the performance of official duties) concerning facts constituting an offense (a point of obstructing the performance of official duties), and Article 141 (1) of the Criminal Act (a point of impairing public documents)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Scope of the recommended sentences according to the sentencing criteria;

(a) the invalidation of official documents (the scope of recommendations) and destruction of such documents;

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