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(영문) 창원지방법원 2015.11.25 2015고단1593
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 24, 2015, the Defendant committed assault against the victim F (55 years of age) who was a substitute driver of his/her own E-car, on the ground that he/she was not an article belonging to the company, “G” in the “D cafeteria, G Company,” and the victim’s chest and part of his/her chest and part of his/her neck were flad by sound and sound hand.

2. On April 24, 2015, the Defendant of the obstruction of performance of official duties, around 23:42, assaulted the reporter’s request to comply with the alcohol alcohol measurement on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as the reporter’s statement, “the Defendant was driven under the influence of alcohol,” which was called “the Defendant driven under the influence of alcohol,” from the court of the situation where the Defendant was called out after receiving 112 a report that the Defendant driven under the influence of alcohol.” On the part of the reporter, the Defendant assaulted the reporter, such as: (a) “Iskin, spice, and spice,” and “Iskin, sphere, sphere, and sphere”; and

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement to K and J;

1. Investigation report (to hear statements in K).

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

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Second crimes (Obstruction of Performance of Official Duties) where the extent of violence is minor in the mitigated area (one month to eight months) of Part I (General Violence) of Part I) of the Punishment Act for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution, where the extent of violence is minor, the crimes [Scope of Recommendation] of Part I (Obstruction of Performance of Official Duties) shall be mitigated area (one month to eight months) (Special Mitigation) (Article 62(1) of the Criminal Act.

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