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(영문) 청주지방법원 2017.12.07 2017고단1763

특수공무집행방해

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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a cafeteria specializing in the field delivery in trade name.

On May 29, 2017, the Defendant came to be under control from H (51 tax) in the region of the police station G belt located in Cheongju-si, Cheongju-si, by violating the signal in the process of delivering a field-to-face to the place, while the Defendant was operating a FSP car in violation of the signal.

Defendant 1, who was seated on the driver’s seat of the said car, was requested by the said H to produce a driver’s license, disregarding that the driver’s license was requested by the said H, and “I have no force.”

I see the test, "I Ra." and I am driving a car in the future to attract H in the future about 5 meters, and H, despite H's opening a door to a car driving seat and demanding the defendant to get off the car, H followed the car, leading H to a two-meter difference, and faced with the body of the driver's seat.

Ultimately, the Defendant assaulted the above police officer by using a dangerous object, and obstructed the police officer’s legitimate performance of duties concerning traffic control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Reporting on the arrest of a case and investigation;

1. Application of the Acts and subordinate statutes for the Trackbbling

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Social Service Order and the order to attend a lecture, and Article 62-2 of the same Act [the scope of recommendations] There is no person who does not have a special sentencing seal] in the basic area (six months to one year and six months) [the sentence sentencing person] [the sentence sentence sentence]: a crime is very pleasure that is committed by driving a vehicle of a police officer who was under public duty and was requested to produce a license to lead a police officer and facing his body. The criminal history reaches 19 times in total.