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(영문) 서울서부지방법원 2018.02.21 2017고단3936
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 3, 2017, the Defendant: (a) driven a Damp car at the above “C Building” underground parking lot; (b) Seoul, located in Eunpyeong-gu Seoul, was arrested and taken custody of a flagrant offender at the F box of Pyeongtaek Police Station; and (c) on December 3, 2017, Seoul, while driving a vehicle under the influence of alcohol, such as smelling alcohol to the Defendant, Hambing on the face, hinginging the red light on the face, etc. by a policeman belonging to the Pyeongtaek Police Station G around December 23, 2017.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately twenty minutes into a drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. Interference with performing public duties;

A. On December 3, 2017, the Defendant committed the crime against I, at around 22:25, and around 112 reported at the underground parking lot of the Eunpyeong-gu Seoul building C, Seoul, who was arrested by I from the police box affiliated with I to the current offender of drinking and assaulting, the Defendant committed assault against I, such as taking the above I’s bath, taking the finger face into consideration, taking the finger face by hand, taking the finger off, taking the finger off, taking the knife, taking the knife, taking the knife by hand.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

B. On December 3, 2017, the Defendant committed the crime against J, and during the process of arresting the Defendant as the current offender in front of the F police box of Pyeongtaek Police Station, the Defendant committed assault, such as taking a bath to K during the process of arresting him/her as such, and taking custody of him/her by taking care of him/her from his/her subordinate police box, and taking custody of him/her, and taking custody of him/her by hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders and the management of new soldiers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to L, I, and J;

1. Each statement of M and N;

1. Statement of the circumstances concerning the driver at the main place of business;

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