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(영문) 의정부지방법원 2018.11.02 2018고단3739
공무집행방해등
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On July 31, 2018, the Defendant: (a) received 112 reports in front of the C store located in Yangju-si B; and (b) discovered and prevented the Defendant proceeding on the road during the on-site investigation by the police officer E officer called out, and assaulted the police officer at one time at the same time.

Accordingly, the defendant assaulted police officers who perform legitimate public duties on the handling of 112 reports and protective measures for the elderly and interfered with public duties.

2. On July 31, 2018, the Defendant was under the influence of alcohol by a police officer who called up as above on the ground that the Defendant driven approximately 50 meters in the vicinity of the above place from around 00:12 to around 00:29, while the Defendant was under the influence of alcohol.

There is a reasonable reason to determine the figures, so it was demanded three times to measure the drinking values, but it was refused to comply with the request for measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement under the circumstances of the main officer;

1. Application of Acts and subordinate statutes to report on investigation (the statement of a witness to drinking alcohol driver F by telephone);

1. Relevant legal provisions of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of imprisonment with prison labor for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties, but the lower limit of the punishment shall be the same as the punishment determined for the violation of Road Traffic Act) of the aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An act of blocking or obstructing a police officer's legitimate performance of official duties due to violence in sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Community Service and Order to Attend Courses is an act that causes damage to public interest to the achievement of his/her official duties.

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