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(영문) 대전지방법원 천안지원 2017.03.24 2017고단13

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 18, 2016, the Defendant found a traffic control on the driving of the police while driving a 'D' vehicle located in the Northern-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul on the road in front of the 'D' store, and found an illegal internship in order to avoid this, and controlled the driving of drinking.

With the introduction of the FJ G(50) from the Northwest-west Police Station, the driver tried to escape without disregarding the direction of stopping on the side.

During the escape as above, the defendant h(39) and the F patrol lane that he was aboard by G in the background and background leading up to the F of the police station in the Seocheon-gu, Seocheon-gu. On September 18, 2016, the defendant h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h

As a result, the Defendant interfered with legitimate performance of official duties, such as arrest of criminals, by using the above fluord vehicle operated by the Defendant, which is a dangerous object, by exercising assault against the above police officers, and at the same time, damaged the wall owned by the above hotel in the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. The K's statement;

1. Application of the written estimate statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 144(1), 136(1) (a) (a point of obstructing the performance of special official duties) of the Criminal Act, and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing choice of sentence of imprisonment with prison labor [the scope of recommendation] The reason for sentencing of sentence [the scope of punishment] the aggravated area (one year to four years from the execution of official duties) (one year to the execution of official duties) [the special aggravated person] the threat of group or multiple power, or carrying dangerous things.