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(영문) 창원지방법원 2015.05.14 2015고단68
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. Violation of the Road Traffic Act (Refusal to measure a noise level) has reasonable grounds to recognize that the Defendant driven a vehicle while driving the vehicle and then driving the vehicle at an emergency room of C Hospital located in Seongbuk-gu, Changwon-gu, Changwon-si on December 21, 201 and sent the vehicle to the emergency room of C Hospital located in Seongbuk-gu, Changwon-si, and on December 6, 201, the Defendant did not comply with the demand of the police officer from from 20:41 to 21:11 on the same day to measure a drinking level four times from the slope D of the Police Station at Changwon-gu, Changwon-gu, Seoul, to measure the drinking level without justifiable grounds.

2. At around 21:20 on the same day, the Defendant committed assault and intimidation, such as: (a) at the entrance of the emergency room of the above C Hospital; (b) preparation of documents on the suspicion of refusing to take a drinking alcohol measurement; (c) defect in the emergency room; (d) attachment of the arms of D; and (e) “Cracker, knife, knife, knife, knife, and knife knife”; and (e) continued to commit assault, such as re-suffing, after cutting the lower part of D twice.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. The application of Acts and subordinate statutes to investigation and report to refuse to measure alcohol;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime, Article 136 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

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

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act of the Order to Attend a lecture [Scope of Recommendation] Inasmuch as the area of mitigation (one month or August) is mitigated (one month or August) - Other crimes, compliance with only the lower limit (special mitigation) is committed, intimidation, and deceptive scheme.

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