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(영문) 의정부지방법원 2015.03.18 2014고합431
특정범죄가중처벌등에관한법률위반(보복상해등)등
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 became final and conclusive.

Reasons

Criminal facts

1. From August 17, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury, etc.), around 18:50, the Defendant asked the victim E (the 66 years of age) who is pro-friendly on the front of the D road located in Namyang-si, Namyang-si (the 66 years of age) to “I would not have any day reported on August 15, 2014. I would request withdrawal of the report.” However, the victim would have refused it and the victim would have his/her right face taken back by taking over the victim’s pro-Japanese face in order to prevent the victim’s statement or submission of materials, and caused the victim to take up the two-day treatment.

Accordingly, the Defendant injured the victim for the purpose of preventing the victim from making a statement or submitting materials.

2. On September 12, 2014, the Defendant violated the Road Traffic Act (i.e., refusal to measure the noise level) (i., refusal of the noise level) and (ii) was driving a F Poter freight under the influence of alcohol on September 19, 201, while driving a F Poter on the road in front of G at the Namyang-do Southern-do.

Therefore, the police officer J of the Gyeonggi-do Police Station, who was called to the scene of an accident after receiving a report 112, has considerable reasons to recognize that the defendant was driven while under the influence of alcohol such as smelling in the defendant's entrance, snicking on face, etc., and arrested the defendant in a flagrant offender, and carried the defendant into the L Boxes located in K at Yangyang-si, and the police officer slope M of the above police station demanded the defendant to respond to the alcohol alcohol measurement by inserting the defendant into a drinking measuring instrument over about 30 minutes.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하거나 입김을 지속적으로 충분히 불어넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구를 거부하였다.

Summary of Evidence

[Fact 1]

1. Statement by the defendant in court;

1. Each police statement of E;

1. Damage photographs (the list No. 2014 Gohap431 No. 50), injury diagnosis certificates, and removal copies (the fact of No. 2 in the market).

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