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(영문) 인천지방법원 부천지원 2016.10.06 2016고단1857
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On May 8, 2016, at around 02:00, the Defendant driven the DCA 1105 Meba while under the influence of alcohol content of about 0.098% at a section of about 50 meters from the front of the “water-related vehicle” in the vicinity of the driving distance of the nuclear route in the Orcheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si to C.

2. The Defendant engaged in the obstruction of performance of official duties (2016 Godan2113), around 02:35 the same day as indicated in paragraph 1, the Defendant searched and searched around the road in front of Yacheon-si, Yacheon-si, Yacheon-si, the police uniform to identify the location of the 112 reporter, and launched a B with the Defendant’s shot gun to whom the Defendant was employed and launched the B, and launched the B’s shot gun.

Accordingly, the defendant interfered with the legitimate execution of duties related to 112 reporting by police officers.

[In light of the following circumstances, the police officer F’s statement to the effect that the Defendant had never done his/her act at the time from the occurrence of the case to the time of the occurrence of the case, the situation before and after the occurrence of the case, the Defendant’s behavior and response to the surrounding environment, etc., and the police officer’s statement to the effect that: (a) as a police officer, it seems that there were no reasonable grounds to believe that he/she would have committed a false statement unfavorable to the Defendant. The evidence duly adopted and examined in this court, such as the above statement that could be believed, was sufficient to recognize the fact that the Defendant had done the above act.

3. On July 25, 2016, the Defendant: (a) around 04:20 around 05, July 25, 2016, in front of the “I” restaurant for the operation of the victim H located in Seocheon-si G and the first floor; (b) after cancelling the locking device by putting its windows in good hands, the Defendant entered the said restaurant.

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