beta
(영문) 광주지방법원 2020.05.29 2020고단409

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

On December 22:07, 2019, the Defendant: (a) discovered the Defendant’s vehicle under the circumstances belonging to the Mine Police Station B Zone B located in the Yeongdeungpo-gu Police Station B located in the Yeongdeungpo-gu Police Station called up after receiving a report on a suspected vehicle at the 549-15 No. Mari-ri, Young-gu, Young-gu, Young-gu, Seoul, and demanded the Defendant to leave the vehicle on his seat; and (b) neglected this, the Defendant started driving the vehicle on Eroto without disregarding it; (c) even if the Defendant’s vehicle was obstructed with the F patrol vehicle, the Defendant continued to drive the vehicle on the front side of the vehicle vehicle on the part of the Defendant’s driver’s vehicle, and received the part of the penter and pent part after the direction of the driver’s seat.

Accordingly, the defendant has obstructed the legitimate execution of duties concerning the crime prevention and maintenance of order of police officers by using a car quantity, which is a dangerous object.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes to the 112 Report Report Report List, Investigation Report (Attachment to the 112 Report Report Report Sheet Images Images Images Sheet No. 111) and Investigation Report (Attachment to Patrols Sheet Videos);

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The crime of this case by the sentence of sentence was committed in light of the fact that the Defendant, while under the influence of alcohol, fells with a vehicle, which is a dangerous object, for the patrol vehicle that the police officer, who performed a legitimate official duty, and that the vehicle was driven in a drunken state, and 2.5 km away from the vehicle while driving the vehicle, it shall be punished strictly.

However, it is true that the defendant repents his mistake and reflects his mistake, and the defendant makes once.