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(영문) 광주지방법원 2016.12.21 2016고단2911
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

[2016 Highest 2911] around 01:30 on April 9, 2016, the Defendant: (a) committed assault, such as assaulting the part of the E-leg, walking on one occasion on the part of the Masong-gun; (b) obstructed the police officer’s handling of a police officer’s report; and (c) obstructed the victim’s legitimate performance of his/her duties, as well as obstructing the victim’s performance of his/her duties, by taking advantage of the circumstances where E, who was called out after having received 112 reports, to verify the identity of a woman in the instant singing box; and (d) pushed off the E’s body; and (e) carried out the deceased’s body at one time on the part of the E-leg; (e) obstructed the police officer’s handling of a police officer’s report; and (e) interfere with the victim’s performing his/her duties.

[200] On November 3, 2016, at around 01:22, 201, the Defendant was required to comply with a drinking test by inserting the breathm in a drinking measuring instrument three times, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as snicking, snicking on the face, snicking, snicking, and snicking, etc., while being sent to the police station after being reported to be diving at the driver’s seat of a car under the influence of alcohol, by the circumstances G belonging to the said police station.

Nevertheless, the defendant avoided this and refused a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

[2016 Highest 2911]

1. Partial statement of the defendant;

1. An interrogation protocol of the police against the accused (second time);

1. Each police statement of E and H;

1. A written diagnosis of injury;

1. On-site photographs (the top part of the body of a victim police officer);

1. Defendant's legal statement;

1. Reports on the statement of the state of driving under the influence of alcohol, reports on arrest of suspects, notification of the results of the regulation of drinking driving, and application of Acts and subordinate statutes;

1. Article 136 of the Criminal Act concerning the crime

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