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(영문) 인천지방법원 2017.06.30 2017고합49

특수공무집행방해치상등

Text

Defendant

B 1 year of imprisonment with prison labor for each of the crimes listed in the Decision 2017 M& 49, and 2017 M& 75.

Reasons

Defendant B (criminal history) was sentenced to two years of suspension of the execution of imprisonment for special larceny in the Incheon District Court on March 17, 2016, and the judgment became final and conclusive on March 25, 2016. On June 15, 2016, the Incheon District Court sentenced three years of suspension of the execution of one year of imprisonment for violating the Electronic Financial Transactions Act at the Incheon District Court on June 23, 2016, and the judgment became final and conclusive on June 23, 2016. On October 13, 2016, Defendant B was sentenced to three years of suspension of the execution of one year of imprisonment for injury, etc. at the Incheon District Court on March 21, 2016 and became final and conclusive on October 21, 2016.

[Criminal facts] 2017 Gohap 49

1. On November 26, 2016, Defendant B, a teacher violating the Road Traffic Act (unlicensed Driving) was on the street near the Bupyeong-gu, Incheon Bupyeong-gu, Bupyeong-gu, Incheon on November 26, 2016, saying, “A, despite being aware of the absence of a driver’s license, knew that he/she had no driver’s license, read “A, while driving a vehicle, has a string the DK 5 rental car height, and caused A to have a non-exclusive driver’s license.”

Thus, from November 26, 2016 to 23:00, Defendant B had DK5 cars drive from the 20km-dong in the Bupyeong-gu Incheon Bupyeong-gu to the 20km-dong, Nam-gu, Incheon, without obtaining a driver's license from the 20km-dong to the front road of the apartment house.

As a result, Defendant B instigated A to drive without a license.

2. On November 26, 2016, Defendant B was present at the Incheon Southern-dong Police Station located in 668, Namdong-gu, Incheon, Nam-gu, Incheon, and Defendant B committed the above crime even though: (a) the police officer discovered a police officer who controls drinking around 22:50 on November 26, 2016 and fleded to two patrol vehicles, and committed the crime of interference with the performance of special duties, causing damage to the police officer and damaging public goods; and (b) even though A actually committed the crime, Defendant B committed the above crime.

The police made a false statement to police officers and measured drinking.

Accordingly, Defendant B is punished.