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(영문) 인천지방법원 부천지원 2014.10.29 2014고단2306
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On July 2, 2014, around 23:30, the Defendant obstructed the police officer’s legitimate performance of duties by assaulting the f’s chest in hand by assaulting the f’s chest by a method of several times, while taking the police officer’s desire to take a drinking test, who was called out after receiving 112 report from the police officer F of the original police station E-district of the original police station, who was called out after receiving 112 report in front of the Seo-si, Seocheon-si

2. Around 00:05 on July 3, 2014, the Defendant refused a request from FF to take a alcohol test on three occasions without justifiable grounds, on the grounds that there are reasonable grounds to recognize that the Defendant had engaged in a alcohol alcohol test as stated in paragraph (1) on the street as stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H and F;

1. A written statement of I and J;

1. A copy of the report on the status of driving under the influence of alcohol, the report on the status of driving under the influence of alcohol, the report on the control of drinking under the influence of alcohol, and the register

1. Application of Acts and subordinate statutes to photographs refusing measurement;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. In light of the following: (a) the Defendant’s reason for sentencing under Article 62-2(1) of the Social Service Order Act refuses to take a drinking level; (b) the Defendant committed assault to police officers performing official duties; and (c) the Defendant’s previous convictions related to violence three times; and (d) the Defendant’s previous convictions two times

However, there is no record of punishment exceeding the fine even if the defendant made confession, reflects, and agreed with the victim H and G, and there is no other record of punishment, and the age, character and conduct and environment of the defendant, and the details and motive leading to the crime of this case.

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