logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2019.02.15 2018고단3300
공무집행방해
Text

Defendants shall be punished by a fine of seven million won.

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Criminal facts

1. On November 19, 2018, the Defendant: (a) was at the window in front of the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, a 112-report that a traffic accident occurred; (b) was requested to take a drinking test from the Inspector F (Nam, 37 years old); (c) but the Defendant refused to comply with the request for a drinking test; (d) the police officer’s complaint for dealing with the accident was taken by the Defendant’s daily police officer B; (e) the Defendant’s complaint for dealing with the accident was taken by the Defendant’s daily police officer B; (e) displayed the above F in drinking; and (e) assaulted the face of G (ma, 5 years old) during the process of the police box assigned to him/her.

Accordingly, the defendant interfered with legitimate execution of official duties on 112 declarations.

2. Defendant B assaulted Defendant B, on one occasion, on the ground that the Defendant was forced to refrain from returning to the lane at the time and place of the same paragraph as that of paragraph 1, by taking advantage of the face value of H (Nam, 30 years of age) of a police officer assigned to the police box.

Accordingly, the defendant interfered with legitimate execution of official duties on 112 declarations.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F, G, and H;

1. The Defendants and defense counsel asserted that the Defendants were in a state of mental disability under the influence of alcohol at the time of each of the instant crimes. However, in light of the circumstances, contents and methods of each of the instant crimes, the Defendants’ behavior and circumstances before and after the instant crimes, etc., which may be duly adopted and investigated by the court, it cannot be deemed that the Defendants had lacking the ability to discern things or make decisions at the time of the instant crimes, and thus, the above assertion cannot be accepted.

Application of Statutes

1. Defendants of relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in the workhouse: The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows.

arrow