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(영문) 서울중앙지방법원 2016.08.10 2016고단2453
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the sentence on August 3, 2014.

1. Around 02:30 on April 12, 2016, the Defendant driven a DMW car under the influence of alcohol content of about 0.109% from the 15m section of blood alcohol to the front of Dongjak-gu Seoul Metropolitan Government, in that the convenience store of GS25, located at 65-gil, Dongjak-gu, Seoul, Seoul, for about 16:5 degrees.

2. The Defendant who has obstructed the performance of official duties committed an assault, such as assaulting a frobage, blusing a blusent, blusing a bluse, blusing a bluse of F, who was called to the site after receiving a report from 112 to the effect that he had a person driving a drinking in front of Dongjak-gu Seoul Metropolitan Government C at the time specified in paragraph (1), and receiving a request from the Seoul Dongjak Police Station and the E Team’s slopeF to verify the suspicion of drinking, and demanding the F to continue to comply with a drinking test from the F.

“A bitch bitch bitch bitch bitch bitch bitch bitch bitch mar,” and assaulted F at a single blue blue, f, and f, beyond the floor, with the desire of “F”.

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigation and suppression of police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Each statement of G, H and I;

1. Statement of control, on-site dispatch report, and on-site statement of the driver's situation at home;

1. Previous conviction: A written reply to inquiry, such as criminal history, (A) and the application of the defendant's statutory statement statutes;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment for each sentence;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant’s assertion and determination of Article 37 (former part), Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes are applicable to the Defendant, and the exercise of force against F is against F, etc.’s unlawful performance of duties.

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