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(영문) 대구지방법원 김천지원 2015.10.08 2015고단941
공무집행방해등
Text

Defendants shall be punished by imprisonment for eight months.

However, the execution of each of the above penalties for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. From around 03:35 on June 8, 2015, the Defendant driven a E-car under the influence of alcohol content of about 0.096% in a section of about 500 meters from the front of the U. S. P. P. S. P. P. P. P. L., the Defendant from around 03:40 on the same day to the front road of the same gold market.

B. On June 8, 2015, around 03:55, the Defendant: (a) received a request for a alcohol test from the police officers belonging to the Gu and America Police Station prior to G convenience stores located in Gu and America, and (b) received the request for a alcohol test from the police officers belonging to the Gu and America Police Station; (c) on the ground that B threatened the police officers belonging to the Gu and America Police Station H, the Defendant was arrested as an offender on the ground that he threatened the police officers belonging to the Gu and America Police Station; and (d) on the ground that the police officers belonging to the same police station “brued to the police officers assigned to the Gu

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers in the act of committing a crime.

2. 피고인 B 피고인은 2015. 6. 8. 03:50경 구미시 F에 있는 G 편의점 앞 도로에서 구미경찰서 소속 경찰관 H으로부터 위 A이 음추측정을 요구받는 것으로 보고, 이를 막으면서 위 H에게 “씨발놈아 넌 뭐야, 씨발놈이 좆도 아닌게”, “씨발놈아 뭘 쳐다보노 얼굴에다가 가래침을 뱉어뿔까”라고 욕을 하면서 오른손으로 위 H의 얼굴을 때릴 듯이 위협하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each statement made to J, K, H, and I;

1. Application of Acts and subordinate statutes to the investigation report, the report on the status of running a driving, and the report on the status of standing a driver;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 148-2(2)3 and 44(1) of the Road Traffic Act, Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively.

B. Defendant B: Article 136(1) of the Criminal Act; the choice of imprisonment

1. Defendant A from among concurrent crimes: Criminal Act;

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