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(영문) 창원지방법원 밀양지원 2018.01.25 2017고단174

공무집행방해등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On March 20, 2017, the Defendant: (a) was parked on the way to enter a road less than five meters away from the Defendant’s low-speed car while driving a singing practice place adjacent to a singing practice place located in C on March 20, 2017; (b) the Defendant was parked on the way.

D The franchise was pre-pamped by the chief class of the passenger car volume.

At around 19:50 on the same day, the Defendant asked the police officer F belonging to the Seongbuk Police Station E box, who was dispatched to the scene after receiving a traffic accident report, and G asked him about the circumstances of the accident by shouldering the Defendant who was divingd with a driver's seat of the Defendant, and asked him/her about the background of the accident. While taking a bath to him/her, he/she spited him/her over twice, and she spited him/her with the police officer G twice, and she spit him/her by drinking him/her on one occasion.

이에 경찰관들은 피고인을 공무집행 방해 현행 범인으로 체포한 다음, 같은 날 20:00 경 밀양시 H에 있는 E 파출소에 인치하고, 피고인은 대기 석에 앉아 있던 중 피고인의 발로 경찰관 F의 오른쪽 다리 부위를 2회 걷어찼다.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of police officers' duties concerning traffic accident management and arrest of flagrant offenders.

2. The Defendant, as stated in the above paragraph (1), was arrested as a current offender interfering with the performance of official duties and was brought to the E box located in H at the speed of 20:00 on the same day, and the Defendant, at the time of mobilization, driven by drinking, such as making the Defendant sniffly, sniffly, sniffly, and walking without proper walking.

There is considerable reason to suspect that the police officer F was requested to take a drinking test on three occasions by police officers, but the police officer refused to take a drinking test without justifiable reasons.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Notification to a department related to reporting 112 cases;

1. Statement of the circumstances concerning the driver at the main place of business (excluding the part concerning the defendant's statement);

1. Photographss or spits against traffic accident photographs, police officers, photographs refusing to measure drinking, and CCTV.