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(영문) 서울서부지방법원 2016.03.23 2015고단3278

특수공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 1, 2015, the Defendant, at around 15:25, operated a motor bicycle without wearing a safety cap at the red distance of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, and was ordered to stop from D to the police box of Seodaemun-gu Police Station C, which was during the riding patrol.

The Defendant, without complying with the stopping order, was driving the bicycle as it is and proceeded about 200 meters more, while blocking the patrol vehicle driven by the above D on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

When F of the police box that was accompanied by the above patrol vehicle, the F of the police box, who was accompanied by the above patrol vehicle, demanded the defendant to get out of his assistant seat to present his driver's license, the defendant tried to get a motor device bicycle riding on board and abscond again, and the above D, who was seated at the driver's seat, failed to get off the motor device device of the defendant and to stop again in two hands.

Accordingly, the Defendant attempted to spread D by provoking Hands of motor device bicycles, and immediately started a motor motor bicycle and used approximately 5 meters off the above D in the future.

Accordingly, the defendant carried dangerous objects and interfered with police officers' legitimate execution of duties on traffic control and prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to work log, on-site photographs, and video CDs;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of a fine, and the choice of a fine for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that there exists no record of criminal punishment except for protective dispositions against juveniles once a reason for sentencing under Article 334(1) of the Criminal Procedure Act, his/her mistake is divided in depth and reflects his/her mistake, and that police officers D submitted a written application for non-prosecution of punishment