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(영문) 광주지방법원 2020.12.03 2020고단4897
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. At around 23:40 on April 23, 2020, the Defendant: (a) discovered police officers who controlled the daily driving system in the front of the C Standing Point in Seo-gu, Seo-gu, Gwangju, in the direction of regular business, while driving D body-ray car, which is a dangerous object in the direction of the Seocho-gu, in the direction of regular business; and (b) anticipated police officers to be exposed to drinking driving at the front bank; (c) attempted to interfere with drinking driving, and (d) attempted to interfere with the driver’s car driving seat of the Defendant while driving the D body-ray car, which is a dangerous object in the direction of the Western in the direction of regular business; and (d) led them to the concerns that the police officers might be exposed to drinking driving at the front bank; and (e) attempted to interfere with the driver’s driver’s car driving seat of the Defendant while driving the

Accordingly, the defendant, carrying a dangerous object, and assaulted the police officer, thereby hindering the legitimate execution of duties concerning the crackdown on drinking driving of police officers.

2. At the time and time set forth in paragraph (1), the Defendant driving the said car in the state of alcohol alcohol level of about 0.115% at the 3km section from the front of the Seo-gu G apartment in Gwangju to the front of the I regular business in Seo-gu in Gwangju, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. The circumstantial statement of the employee;

1. Investigation Report (as to attachment of medical certificate):

1. Application of the legislation in its opinion;

1. Relevant provisions of the Criminal Act concerning the crime, Articles 144(1) and 136(1) of the Criminal Act concerning the choice of punishment (special obstruction of performance of official duties), Articles 148-2(3)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The criminal records of the defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the nature and risk of each of the crimes of this case, the background of the crimes, the degree of damage to the victim and whether they are recovered.

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