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(영문) 서울남부지방법원 2016.04.29 2015고단4729
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2015, at around 14:15, the Defendant: (a) obstructed the center line in front of the villa in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, Yeongdeungpo-gu; and (b) demanded the Defendant to present his driver’s license after stopping the vehicle driven by the Defendant at the vehicle by the superintendent of the police box affiliated with the police box of the Seoul Young-gu, Young-gu, Seoul, Police Station D, where patrol was on duty; (c) and (d) sought to request the Defendant to present the driver’s license on the vehicle; (d) again, the Defendant started a taxi, which is a dangerous object with the large voice of “Sekh” and used both police officers as the front part of the taxi.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation (related to cabs and patrol stuffs images);

1. Application of Acts and subordinate statutes to a notice of penalty payment, part of the police officer's damage caused by the victim, and a photographic image by capturing a black image;

1. Relevant Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense and Articles 144 (1) and 136 (1) of the Criminal Act that choose a penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (special mitigation (special mitigation)] where the degree of violence, intimidation, and deceptive scheme is insignificant; / Where the power of collective organizations or multiple people or carries dangerous objects are shown or carried (one type).

2. The fact that the defendant, who was sentenced to sentence, uses violence using a taxi, which is a dangerous object to a police officer performing his/her duties, is not good in the nature of the crime, and did not make efforts to recover damage, and that the damage was not recovered at all is disadvantageous to the defendant.

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