beta
(영문) 서울북부지방법원 2014.09.25 2014고단1909

특수공무집행방해

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 16:10 on May 16, 2014, the Defendant driven Daoba without wearing safety equipment on the road in front of Nowon-gu in Seoul Special Metropolitan City, thereby under control by F in the process of traffic control at the above location.

When the Defendant received a signal to direct the suspension from the above F, the Defendant committed an assault, such as reducing speed, operating a speed-driven device with a view to avoiding a sudden control, and passing the said F, and continuing to proceed with the said F in order to prevent the said F from passing, while the Defendant was trying to stop the off-to-face in front of the said F, by making the said F in front of the said F in order to keep the said F, and making the said F in front of the Republic of Korea go beyond the road being towed by the said Oralba.

Accordingly, the defendant carried a dangerous object, and interfered with the legitimate execution of duties concerning traffic control of F.

Summary of Evidence

1. Defendant's legal statement;

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

1. The application of Acts and subordinate statutes to a criminal investigation report (referring to submission of a victim's opinion);

1. Articles 144 (1) and 136 of the Criminal Act concerning the facts constituting the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Special Consideration is given to the following circumstances: (i) the defendant has committed a crime in depth; (ii) the defendant has received medical treatment by suffering from his wife at the time of the instant case; and (iii) the defendant has no special criminal record except for the punishment of a fine of 500,000 won due to a joint assault