beta
(영문) 인천지방법원 2015.08.13 2015고단3823

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On March 4, 2015, at around 22:10, the Defendant reported that he was unable to drive more than a substitute driver due to the occurrence of a substitute driver and a pilot on the front side of the Nam-gu Incheon Metropolitan City (Seoul Metropolitan City). The Defendant reported that he was “A substitute driver was placed on the side and left the side,” with the volume of Defendant’s running car and called “A substitute driver was placed on the side.”

Upon receipt of a report, the Defendant: (a) went at the site of F in the Southern Police Station E District of the Southern Police Station, and breathed the road while under the influence of alcohol; and (b) took a brupt to the said F, the Defendant committed assault, such as: (c) taking away one kin (35 cm in length, 13 cm in daily length) (13 cm in length) from the back seat of the Defendant’s driver’s vehicle into his hand, thereby threatening the victim’s head.

As a result, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to photographs, records of seizure and the list of seizure;

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. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48 (1) 1 of the Confiscation Criminal Act [Determination of Punishment] : Category 1 of the obstruction of performance of official duties (a person engaged in obstruction of performance of official duties or coercion of duties): - In cases of carrying dangerous articles - [Determination of the sphere of recommendation] basic area (a person who has been sentenced to suspension of execution of imprisonment for six months to one year): In cases of carrying dangerous articles - (a person who has been sentenced to suspension of execution of imprisonment for six months) basic area (a person who has been sentenced to suspension of execution of imprisonment for one year] - In cases of carrying dangerous articles - Major reasons for writing - Major reasons for writing - which are clear of positive social relation [decision of the sentence] 1 year, suspension of execution