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(영문) 인천지방법원 부천지원 2016.02.03 2014고단2809 (1)
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on July 17, 2014, on the street 2716, the apartment house of the 75:30 Dong-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, 2014, and obstructed the legitimate performance of duties by a police officer regarding the handling of a report of this case by assaulting the above E-patch, 2716, “The driver of the vehicle in question is getting on board a woman in an unfated manner, and the woman is living.” The Defendant was asked by the police officer D, and E, who was dispatched to the police officer, who was asked by the police officer on the details of the report, on the ground that the above police officer verified the Defendant’s woman-friendly body, and by assaulting the above E-paton-do head on his hand, she was obstructing the police officer’s duty.

2. The Defendant, at the above time and place, abandoned the Defendant’s insult to D and E, “I am guecule frien.”

The victims were exposed to the bitch bitch bitch, F, etc., which is called the bitch bitch bitch f, thereby openly insulting the victims.

3. Violation of the Road Traffic Act (Refusal of measurement of drinking), such as making a statement to the effect that the Defendant Ga sniffs in the Defendant’s entrance and sniffs “the Defendant has been driving under the influence of drinking”, and driving under the influence of drinking.

On July 17, 2014, from around 06:03 to around 06:35 on the same day, the police officer of the Gangwon-U.S. police station requested for a drinking test from H on three occasions during the period from around July 17, 2014 to around 06:35 on the same day, but refused it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in the police statement protocol with respect to D or E;

1. A statement of the F;

1. Application of Acts and subordinate statutes to entries in the circumstantial report on drivers;

1. Article 136 (1) of the Criminal Act (a point of interference with the performance of official duties), Article 311 of the Criminal Act (a point of insult), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (which are between interference with the performance of official duties and each other).

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