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(영문) 서울중앙지방법원 2018.04.04 2017고단7572

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

On May 9, 2017, the Defendant was parked at the first floor parking lot underground in the Gangnam-gu Seoul Metropolitan Government HH building around May 22 and 13, 2017, while driving Isch Rexroth car.

JM 5 Motor Vehicles was paid for an accident that took place.

L and M, a police officer belonging to the Seoul Suwon Police Station, who was called after receiving a report from a driver of an accident, arrive at the scene of the accident, identified the situation of the accident, and was driven under the influence of alcohol due to a smelling and breaking out by the Defendant.

A reasonable ground exists to determine a person who has requested the defendant to measure drinking three times, but the defendant did not comply with the request, and rather, the police officer “Faco,” and “Faco, bitch faco,” and “Naco, faco.

“The Doctrine theory” and the Doctrine assaulted the above M by blicking his two sons.

The Defendant did not comply with the police officer’s request for the measurement of drinking, and obstructed the police officer’s legitimate performance of duties concerning the measurement of drinking alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Each police statement made against N or M;

1. Lritten statements;

1. A traffic accident report (1) (1) (1)

1. Application of Acts and subordinate statutes to investigation reports (M attendance and submission, etc. of the 112 Report Processing List, 112 Report Processing List, Investigation Report (Attachment of video files recorded on the spot), video CDs, investigation report (where alcohol measurement is requested, video confirmation at the time of request);

1. Relevant Article 136(1) of the Criminal Act concerning the facts constituting the crime; Article 148-2(1)2 and Article 44(2) of the Road Traffic Act; the choice of imprisonment with prison labor;

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] There is no basic area (6 months to 1 year and 6 months) of the basic area (the interference with the performance of official duties and coercion of duties) (the person subject to special sentencing).