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(영문) 부산지방법원 2015.02.09 2014고단9845
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On September 22 and 20, 2014, the Defendant was driving a 49c test tex tex without license from the central market located in the Docheon-dong, Busan, Busan, to the 21st century Dance Hospital parking lot located in the Dong-dong, the 21st century.

2. On September 11, 2014, around 22:20, the Defendant: (a) was under the influence of alcohol in Busan Dong-gu, Busan, with no driver’s license; and (b) was under the influence of driving a 49cc test tamp tamp, without a license; (c) was ordered to stop from the Busan Dong-dong Police Station guard and the police slope D with a police officer assigned to the Busan Dong-dong Police Station, which was under the influence of drinking driving at the same time; (d) but, in order to ignore and avoid control, the Defendant driven the tamp and proceeded with approximately 35 meters of the tamp as they were.

In order to prevent the defendant from escape, the above D, which continued to shoot, was to catch the part of the defendant's driver's vehicle and stop the defendant's vehicle. However, even though the defendant knew of this fact, the defendant, despite being aware of this fact, had the above D, who gets her hand over the floor by driving about about 5 meters of the above urbane.

As a result, the defendant interfered with legitimate execution of official duties related to the control of the above D, and at the same time, the victim was faced with an inspection of knee-come-man who cannot know the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to A by the police;

1. Notification of the victim's photograph, photograph of the victim's upper part, and non-licensed driver's report;

1. Application of Acts and subordinate statutes to a criminal investigation report (abstinence, etc.);

1. Relevant provisions of Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties), Articles 262 and 260 (1) of the Criminal Act (the point of causing violence) of the Criminal Act, subparagraphs 2 and 43 of Article 154 of the Road Traffic Act concerning the crime;

1. The crimes of obstruction of the performance of official duties and the bodily injury resulting from violence under Articles 40 and 50 of the Criminal Code are added to punishment.

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