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(영문) 대전지방법원 2014.07.22 2014고단1687

공무집행방해

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 May 1, 2014, at around 22:27, the Defendant: (a) controlled the police box of the Daejeon Busan Police Station, which was located in the vicinity of the Taesung-gu, Daejeon Pream Station, 8-21, 200, by the police box affiliated with D, and the police box of the Daejeon Police Station, who was under the influence of alcohol from E, and was assigned to the police box located in Daejeon P, Seosung-gu, Daejeon, Daejeon, with the consent of the Defendant, to take a alcohol test.

At around 22:32 of the same day, the Defendant met the floor of the patrol vehicle in front of the Daejeon U.S. Mono4-ro 107 corporate bank, and assaulted the Defendant, “Iskn't have to go to the Constitution of the Republic of Korea, spathy, spathy, spathy, and any others,” with the right shoulder of D in the course of driving the patrol vehicle one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

2. On May 1, 2014, at around 23:15, the Defendant refused to take the measurement of alcohol of the above D, and committed assault, such as: (a) the Defendant: (b) took a sound, such as “defluence,” and (c) took things, and (d) took one time, and continued to sit on the left side of the police box E; and (b) on the same day, the Defendant took part in the chair in the instant police box around 23:27 on the same day.

As a result, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;