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(영문) 의정부지방법원 2016.10.17 2016고단1571

특수공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, 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 March 18, 2016, around 09:46, the Defendant was subject to the traffic control by the police box of the Seoul Dongdaemun-gu Seoul East-gu Police Station, which was carrying out traffic control duties at the center, on the ground that he driven a taxi in front of the “D” located in Dongdaemun-gu Seoul Metropolitan Government, while driving a taxi in front of the “D” in Dongdaemun-gu Seoul Metropolitan Government, and was fluenc

Although the Defendant asked the above G to regulate the violation of a minor penalty, the Defendant was rejected, and the Defendant threatened the above G with the Defendant’s taxi driving prior to the Defendant’s taxi in order to regulate the traffic of other vehicles. In order to prevent the traffic of other vehicles, the Defendant threatened the said G by taking the speed of Defendant’s taxi driving.

Accordingly, the defendant, using a dangerous object, has interfered with the legitimate execution of duties by police officers concerning traffic control.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning G;

1. Application of the Acts and subordinate statutes on black stuffs and video CDs;

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. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is very bad to threaten the police officer with a motor vehicle by raising a complaint against the police officer, and the defendant needs to partially deny the crime of this case and be punished by strict punishment.

However, in consideration of the fact that the defendant has been sentenced five times or more but has no previous record, the execution will be suspended.

In addition, considering the age, character and conduct of the defendant, circumstances after the crime, etc., the punishment shall be determined as per the order, taking into consideration all the sentencing conditions that the defendant was unreasonable

The defendant at the time of judgment on the defendant's assertion argued that there was no intention of intimidation in moving back a motor vehicle. However, the defendant's own departure of the motor vehicle in front of the police officer at the time of recording the black stuff image.