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(영문) 의정부지방법원 고양지원 2017.03.16 2016고단1252
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 13, 2016, the Defendant discovered that police officers are driving alcohol while drinking alcohol on the front side of the Mapo-gu Seoul at the time of drinking at around 23:35, while driving D car on the front side of the Kuyang-gu, Seoyang-gu, the Defendant interfered with the legitimate execution of duties concerning the crackdown on the driving of alcohol by assaulting the above FF kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn't.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the photographic Acts and subordinate statutes;

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 suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment ] In the case of showing a group or multiple power or carrying dangerous things (1 year to 4 years), the aggravation area (1 year to 1 year to 4 years), / (1) the defendant shocked the victim police officer in the course of performing duties by driving a motor vehicle, which is a dangerous object.

The method and contents of the crime, and in particular, the motive of the crime (abundance to avoid the crackdown on the driving of drinking), the quality of the crime in this case is very bad.

Damage victims are punished for defendants.

However, there is no record of criminal punishment for the last nine years against the defendant, and there is no record of criminal punishment for about nine years.

In addition, the defendant's age, sex, environment, family relationship, circumstances after crimes, and all of the sentencing conditions identified in the records of this case and the trial process shall be determined as ordered in consideration of the overall sentencing conditions.

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