beta
(영문) 춘천지방법원 2016.12.22 2016고단1041

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 8, 2016, at around 17:40, the Defendant was requested to stop the said car by carrying out an illegal internship while driving Dive Pick-Pons on the front of the C building in Chuncheon, the Defendant was under the control of the E District Party belonging to the Gangwon Chuncheon Police Station.

Upon receipt of the above request for stopping, the Defendant: “Y” means “Y, friend, friend, friend,” and escaped as it is while disregarding the said request, and then repeated three times as if the above-lanes would have been at risk of driving away the Defendant on the roads in G located in G in the same city as in the same day at around 17:45 of the same day.

The Defendant continued to escape from F’s above 200 meters from the above vans, and then threatened F, as if he would receive the above vans from the Defendant on the road in front of the “New Bank's Gangwon-do business store,” which is located in Geum River-ro 81, the same city-ro.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning traffic offenders by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. Application of investigation reports (verification of patrol vehicles booms), field photographs, and photographs and Acts and subordinate statutes;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is a threat to a police officer by using knife vehicles, which are dangerous articles, and the risk of the crime itself is a substantial factor for sentencing that is disadvantageous to the defendant.

However, it appears that the defendant's mistake is divided and reflected, the degree of damage of the damaged police officer is not significant, the defendant suffers from the same-sexly disability and the same-sexly disability, and the age, character and behavior, environment, motive and circumstance of the crime, and after the crime.