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(영문) 청주지방법원 충주지원 2016.08.09 2016고단374
공무집행방해
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants were sentenced to punishment, and around 22:00 on April 7, 2016, D, the Defendants’ agents of the Defendants, were driving with drinking alcohol from F in the background leading to the E Zone belonging to the Sound Police Station, on the roads of the Hahbuk-gun, Chungcheongnam-gun, Chungcheongnam-do.

In order to interfere with the police officer's measurement of drinking alcohol because there are reasonable grounds to view it, Defendant B took the arms of the above F, and Defendant A also prevented the foregoing F's arms and clothes from measuring D's drinking.

Since then, Defendant A assaulted, as a large lux, that “A” refers to “A son fat, fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat bat fat fat fat fat fat fat fat fat fat fat at fat fat wat fat fat wat fat fat fat

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers on the crackdown on drinking alcohol.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Application of Acts and subordinate statutes to investigation reports (investigation into Handphone images);

1. Relevant provisions of the Criminal Act and Articles 136 (1) and 30 of the Criminal Act concerning the selection of punishment.

1. Article 62 (1) of the Criminal Act for the suspension of execution;

1. The defendants with reasons for sentencing under Article 62-2 of the Criminal Code of the community service order, knowing that the every system was under the control of drinking by police officers, and in order to interfere with the measurement of drinking and drinking at the site, the police officers did assault and take a bath to the police officers, thereby resulting in the escape by avoiding the measurement of drinking.

The Defendants’ criminal liability is heavy in light of the circumstances and methods of the above crime, the degree of interference with the performance of official duties, etc.

However, the Defendants recognized the instant crime, and in the case of Defendant B, the primary offender, etc. are considered as favorable circumstances for the Defendants. Moreover, all of the sentencing conditions, including the Defendants’ age, sex, environment, background, means and consequence of the crime, and the circumstances after the crime, etc.

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