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(영문) 부산지방법원 2012.12.14 2012고합751
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 20, 2012, the Defendant: (a) 17:40, at the time of the performance of official duties, expressed a desire to the police officer who was asked questions about drinking driving from the police officer and the slope D belonging to the 146-ro, Samcheon-gu, Busan, which was called, for a drunk D and the police officer who was called to be asked about drinking driving by E after having received 112 a report; (b) on the face of the above D, the Defendant spited the flab, flab, flab, flab, flab, flab, flab, flabed, flabed, flabed, flabed, flabed, flabed, flabed, and flabed, and flabed, such as flabing the flab.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reporting duties by D or E, a police official.

2. The Defendant destroyed and damaged property by having the victim E wear the police clothes at a cost equivalent to KRW 20,000 of the market price, such as the time and place described in the preceding paragraph.

3. On June 20, 2012, at around 20:06, the Defendant violated the Road Traffic Act (Refusal to take a drinking test) and there is considerable reason to suspect that he driven a place specified in paragraph (1) while under the influence of alcohol by a traffic accident investigation team of the annual police station located in the Yansan-dong of Busan City, a walker with a walker and redlighter on the face, etc., and accordingly, the Defendant was requested to take a drinking test by inserting it into a total of three minutes from the slope F belonging to the C Zone of the relevant police station, but the Defendant refused to take a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. G statements;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes to investigation reports (prices with multi-functional functions of police officers near the foreign country);

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act (the obstruction of performance of official duties, the choice of imprisonment), Article 366 of the Criminal Act (the destruction of and damage to property, the choice of imprisonment), and the Road Traffic Act.

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