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(영문) 대구지방법원 2016.06.24 2016고단1755

특수공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 16:00 on January 12, 2015, the Defendant, while driving a CBa car and driving the CBa car in front of the CG to the CG to the CG to the CGros intersection in Yong-gun-gun Saeng-gun Saeng-gun Saro, the Defendant was subject to the control by the police officer E who belongs to the Yong-gu Police Station D police box.

Defendant 1, who was dissatisfied with the foregoing crackdownd and obsting the above E, was asked to stop for the purpose of confirming the background of insultd by the above E, and Defendant 2 continued the said car, which is a dangerous object, after about 10 meters later, while driving it as it is, received the above police officer as the front seat of the said car.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers on traffic control and criminal investigation.

Summary of Evidence

1. Statement by the defendant on the second public trial date;

1. Partial statement of each protocol concerning the examination of the suspect against the defendant;

1. Statement in each police statement made to F and E;

1. Application of Acts and subordinate statutes to working days, public officials' evidence, investigation reports (to listen to the damage situation at the time, to the site photographs, etc.), entries in investigation reports, or video-related Acts and subordinate statutes;

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2007Da1548, Apr. 1, 2007) (see, e.g., Decision 2007Da1448, Apr. 2, 2007)) (see, e.g., Decision 2007Da1548, Feb. 29, 2007)) (see, e.g., Decision 207Da11834, Apr. 2, 2007)) (see, e., Decision 207Da11334, Feb. 23, 2007)))