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(영문) 창원지방법원 밀양지원 2013.10.10 2013고단364
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. Around 22:10 on May 31, 2013, the Defendant was driving CFD car at the section of approximately 1.5 km from the 1.5km to the GFD car at the 1.5km distance in the 1.5km of the Eup/Myeon, where the site was located, where the Defendant was not in the Gyeongnam-gun while under the influence of alcohol content 0.248% of the blood alcohol content.

2. At around 22:50 on the same day, the Defendant: (a) had the police officers who had been working at the police station, who had been dissatisfied with the crackdownd by drunk driving; (b) had the police officers who had been working at the police station, talked that “I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I am.

Accordingly, the Defendant damaged the goods used by public offices.

3. At around 23:25 on the same day, the Defendant was unable to escape from the disturbance by returning the disturbance to the above police box, taking a bath to the police officer who was on duty, etc. On the same day, the Defendant committed assault, such as sending the escape of the above E by hand, and walking the bridge of the above E by walking it once.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to the police box service.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. A criminal investigation report (Attachment of output of a local photograph ofCCTV), investigation report (Attachment of a damaged screen); and

1. Application of Acts and subordinate statutes on receipts;

1. Relevant Article 141(1) of the Criminal Act, the choice of punishment for the crime, Article 141(1) of the Criminal Act, Article 148-2(2)1 of the Road Traffic Act, Article 44(1) of the Road Traffic Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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