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(영문) 창원지방법원 진주지원 2020.02.12 2020고단36
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

"200 Highest 36"

1. The Defendant: (a) around 03:50 on December 6, 2019, at the “C” restaurant located in Jinju City B, the Defendant was unable to avoid a disturbance under the influence of alcohol.

This report was made to 112 by the winners of this report, and the police officers belonging to the D District Police Station of the Gyeongnam-gu Police Station, E and F sent to the above restaurant.

At around 04:05 on the same day, the Defendant heard the words that the police officers will return to the above restaurant, and assault F and E with the police officers, such as “public officials would have been employed by them, whether they would have been employed by them, shots, shots, rings,” etc., “I am at once the chest of F on a drinking, I am at once, I am at once, I am at once, I am at once, while I am at once, while I am at once the am of F on a drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

"200 Highest 104"

2. At around 04:00 on December 9, 2019, the Defendant driven an IBlue car in the state of alcohol alcohol concentration of 0.112% at a 4km distance from the front Do of G apartment in Jinju to the H ginseng distance.

Summary of Evidence

"200 Highest 36"

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A detailed statement on processing reported cases;

1. Photographs "2020, 104";

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of Acts and subordinate statutes to the investigation report (report on the circumstances of drinking drivers);

1. Relevant provisions of Article 136 (1) of the Criminal Act for the crime concerned, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act for the punishment of the crime, and the choice of imprisonment, respectively;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act, and the choice of imprisonment;

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

1. Mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Order to attend a lecture: Reasons for sentencing Article 62-2 of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

A. Obstruction of performance of official duties (Obstruction of Performance of Official Duties).

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