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(영문) 서울중앙지방법원 2019.07.03 2018고단7448
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. At around 03:20 on June 3, 2018, the Defendant was requested to open several doors from the victim D of police officers belonging to the Seocho-gu Seoul Western Police Station C, which discovered B cargo vehicles parked on the side of the expressway, on the side of the road in Seocho-gu, Seoul, Seocho-gu, Busan, Busan, on the side of the road, and during the patrol duty, and the Defendant refuses to comply with the request. Rather, the Defendant demanded the suspension of the vehicle by driving the vehicle, demanded the vehicle to stop the vehicle, and even repeats the above D, which had been parked in the front of the vehicle, and repeated the advanced progress.

At the speed of the vehicle, the vehicle was faced to the above D, and the victim D, who was playing, escaped immediately next to it.

Accordingly, the defendant, carrying dangerous cargo vehicles, and assaulted the victim, thereby hindering the police officer's legitimate execution of duties to regulate traffic offenses vehicles.

2. Around 04:10 on June 3, 2018, the Defendant was driving the Poter Cargo Vehicles B without obtaining a driver’s license on the section of about 115 km from the front day of the FY in Suwon-si, Suwon-si, via the G market located in Yeongdeungpo-gu, Seoul to the front day of the dwelling of the Defendant located in Yeongdeungpo-si, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (related to the transfer of traffic police without permission) and investigation report (related to the distance of driving without permission);

1. Inspector;

1. On-site photographs and damaged photographs of the skin vehicle;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, Articles 152 subparag. 1 and 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Reasons for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 (only to the extent that the long-term punishment for two crimes is added up) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to eight years; and

2. The types of recommendations according to the sentencing criteria.

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