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(영문) 창원지방법원 통영지원 2014.09.17 2014고단276
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 17:45 on March 20, 2014, the Defendant: (a) received a report of a person driving a vehicle under the influence of alcohol in front of the Twit-dong, a police officer affiliated with the Tong-gu Police Station C police box called up, and demanded the victim to leave the vehicle from the vehicle from the victim D, who is a police officer affiliated with the Dong-gu Police Station C police box, and (b) the resident E, etc.; (c) made the victim a public hump by openly insulting the victim with the large voice of “this schep, scop, scop, scop, scop, nife, a democratic police officer, and scopists.”

2. 공무집행방해 피고인은 위와 같은 일시장소에서 위 C파출소 소속 경찰관인 F으로부터 제1항과 같이 욕설을 하는 것을 제지당하자, “니는 뭐꼬”라고 말하며 피고인의 머리 부분으로 피해자의 코 부분을 1회 들이받는 등 폭행하여 경찰관의 범죄예방 및 질서유지에 관한 정당한 직무집행을 방해하였다.

3. Violation of the Road Traffic Act (Refusal of Drinking Measures) provided that the Defendant was arrested as an offender in the act of drinking alcohol by a police officer upon receiving a report on a drunk driving by the Defendant while driving a G rocketing car at the above time and place, and there was a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling to the Defendant, a police officer belonging to the above C police box, and verifying the state of drinking during the influence of alcohol, and that the Defendant was demanded to comply with the drinking measurement by inserting the alcohol measuring instrument three times at intervals of ten minutes at intervals from 18:20 to 18:40 of the same day.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning J, E, F, and D;

1. Each investigation report, each investigation report, each photograph, written complaint, and each of the main drivers;

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