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(영문) 부산지방법원 2015.10.07 2015고단3949
특수공무집행방해
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

On May 4, 2015, at around 17:41, the Defendant was subject to the control on the ground that the Defendant was driving Efranchising cars in violation of traffic signal from the head of the 2-dong Police Agency affiliated with the Busan Metropolitan Police Agency, where traffic control was conducted on the roads near the Busan East-gu, Busan Metropolitan Government.

Although the Defendant considered that he was demanded from the above D to present his driver’s license, the Defendant attempted to start the said vehicle on the ground that he did not have considered it, and even if D was to put the body in the open seat window to stop the said vehicle, it did not neglect it, and D proceeded with the said vehicle while driving the said vehicle while driving the vehicle without disregarding it. D used approximately 30 meters of the driver’s seat window to fasten the vehicle in a state where it was frighted and frighted.

Accordingly, the defendant carried a dangerous object, and interfered with the legitimate execution of duties by police officers on traffic control.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on police statements made to D and F;

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

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] / Increase (1 year-4 years) (1 year-4 years) of the obstruction of performance of official duties / carrying dangerous articles / [Pronouncement decision] of the crime of this case is serious in the nature of the crime.

However, the fact that the defendant is against the defendant, there is no criminal record exceeding the same kind and fine, the fact that the damaged police officer deposited two million won for the purpose of the damaged police officer, the fact that social ties are clear, the detention of the defendant seems to involve excessive difficulties for his family members, and other factors such as the age, character and behavior, environment, motive and circumstance of the crime, and the crime.

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