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(영문) 의정부지방법원 고양지원 2013.05.09 2013고단328

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 27, 2012, the Defendant: (a) driven a motor vehicle under the influence of blood alcohol content of 0.123% at the Goyang-gu Dayang-gu B restaurant parking lot; (b) received the head door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door of the E District Party dispatched upon receipt of a report; and (c) sought statements from H by the parking management personnel who observed the accident site, and tried the Defendant to deny drinking driving.

Therefore, the Defendant, while holding a cell phone machine located in the above Aburged vehicle, attempted to walk the above car driver's seat and move back the car, attempted to stop the vehicle from G and theodolite F, and requested to stop the vehicle from the police officer G and theodolite F, one knife (16cc in total length, 6cc in knife length) with one knife (16cc in total length, 6cc in knife) which is a dangerous object located in the above knife of the vehicle, and killed the above knife to G and knife F.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers' on-site investigation and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Seizure records;

1. Application of the Acts and subordinate statutes to the photograph of seized articles (No. 1: Car blade);

1. Relevant provisions of the Criminal Act and Articles 144(1) and 136(1) of the Criminal Act concerning facts constituting an offense (the point of obstructing the performance of official duties carrying dangerous articles and the choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in light of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. For the reason of sentencing of Article 48(1)1 of the Criminal Act, the crime of this case falls under the category I (Obstruction of Performance of Official Duties) of the crime of obstruction of performance of official duties according to the sentencing guidelines. ① The defendant committed the crime by carrying a kacker, which is a dangerous object, and ② the damaged public official.