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(영문) 의정부지방법원 2018.01.18 2017고단3711
업무방해등
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

[2017 Highest 3711]

1. On July 27, 2017, the Defendant: (a) around 00:35 on July 27, 2017, and (b) around 00:35, and at the “C” restaurant, there was a dispute with a single-passer’s name, and (c) the said female first left the restaurant; (b) said female first obsing another customer, who is an employee, and obscising to the victim D, thereby obstructing the victim’s legitimate operation of the restaurant by force.

2. 공무집행 방해 피고인은 2017. 7. 27 01:52 경 포 천시 E에 있는 F 지구대에서 제 1 항 기재와 같은 업무 방해 사건으로 현행범인 체포되어 위 지구대 소속 순경 G으로부터 현행범인 체포 확인서와 신체 확인서 서명을 요청 받자, G에게 “ 야 씨 발 놈 아 ”라고 말하고 발로 G의 허벅지와 종아리를 각 1회 걷어찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

[2017 Highest 5811]

3. On November 22, 2017, the Defendant, while under the influence of alcohol content of 0.148% in blood at around 23:57, operated the HKaman bus at the section of about 3 km from the dat 31-hump dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat dat

Summary of Evidence

[2017 Highest 3711]

1. Statement by the defendant in court;

1. A written statement of G and D;

1. Photographs;

1. A written agreement;

1. Handphones, video CDs, CCTV closure photographs (2017 Goon 5811);

1. Statement by the defendant in court;

1. An accident scene photograph;

1. Report on the circumstances of a driver making a drinking and notification of the results of regulating drinking driving;

1. A written statement related to traffic congestion;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with the performance of public duties), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties), Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the point of interference with the performance of public duties), the choice of imprisonment for a prison labor;

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

1. Article 62 of the Criminal Act:

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