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(영문) 광주지방법원 순천지원 2013.12.05 2013고단2049
공무집행방해등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of one million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. At around October 26, 2013, Defendant B: (a) 19:30 on the front day of the Ecafeteria located in the south of the Republic of Korea, Defendant B expressed the victim’s desire to take a view that “I would like to d if I would have been able to satis, I would like to satis, I would like to satis, I would like to satis, I would like to satis, I would like to satis, I would like to satis, I would like to satis, I would like to satis, I would like to satis, I would like to satise the victim’s chest by satis.”

2. Defendant A

가. 공무집행방해 피고인은 위와 같은 일시, 장소에서 위와 같이 B과 함께 F 일행과 시비를 하던 중, F의 일행인 I이 피고인이 음주운전을 하였다고 112에 신고를 하여 위 신고를 받고 출동한 보성경찰서 J파출소 소속 경사 K(36세)이 위 I으로부터 신고경위에 대한 진술을 청취하자 위 K에게 욕설을 하면서 발로 K의 뒷목을 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

B. Around October 19:30 on October 26, 2013, the Defendant driven a H invested vehicle at the 3km section from the front of the mountain center in the Yandong, Chungcheongnam-gu, Chungcheongnam-do, Busan, to the front road of Bosungsung (Seoul), under the influence of alcohol by 0.172% of the blood alcohol concentration.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to F and K;

1. Investigation report (field conditions and suspect's attitude);

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of negative driving), and Article 260 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act, and Article 260 (1) of the same Act, and Article

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 and 69(2)1. 1. of the Criminal Act (Defendant B).

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