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(영문) 서울북부지방법원 2015.12.01 2015고단2588
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

1. Around June 26, 2015, the Defendant was driving a B-wing truck under the influence of alcohol content of 0.197% at a section of approximately 300 meters from the front road of the 1366 Sejong Building at the same time in Seoul Special Metropolitan City, Nowon-gu to the same 1384 offset residential zone in front of the 1384 offset residential zone 601, the same Gu.

2. On June 26, 2015, the Defendant asked the Defendant at the front of the commercial parking lot of Seoul Special Metropolitan City, Nowon-gu, 1384 offset 601, “A drinking driver is driving a truck.” On the front of the commercial parking lot of Seoul Special Metropolitan City, Nowon-gu, 112, the Defendant asked the Defendant “Amenman of the Seoul Nowon-gu Police Station C Zone D, Seoul Special Metropolitan City, Nowon-gu, about whether he driven the vehicle.” On the part of the Defendant, the Defendant took a large voice of “Amen who was driven at any time, she was frienced, she was frienced, she was frienced, she was fried, she was frienced, she was fried, she was fried, and she was frienced at any time, and she was fried by assaulting the Defendant.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of police officers' 112 reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of D police statement;

1. 112 Declarations, reports on the circumstantial statements of a drinking driver, and reports on the detection of a drinking driver;

1. Application of Acts and subordinate statutes to report on investigation (victim E counterpart investigation, hearing witness's telephone statement);

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing criteria - the obstruction of performance of official duties shall be the first category.

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