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(영문) 부산지방법원 2014.04.11 2013고단8152
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 15, 2013, the Defendant was subject to control on the ground that the Defendant driven the said car to E in the speed of the said car at approximately 298 km point at the Busan located located at the Busan located at the Busan located at the seat point of 15, 2013, on the ground that the Defendant obstructed the said road while driving a fac-fac vehicle at around 298km, and that the Defendant driven the said car to E, who is in charge of the expressway patrol on the side.

When the defendant demanded that the above car stop by inserting the hand with the window on the side of the driver's seat, the defendant used the car at a higher level and used the car to stand on the right hand of the E to the above car.

The Defendant continued to comply with the above control and avoided the vehicle at the fourth line of the road, and committed assault against the said F by getting the said F to take a high speed by going to go to the Dognam Police Agency, the Expressway Police Agency, and the Expressway Police Agency, which had been blocking the vehicle on the said fourth line.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Related photographs;

1. Application of Acts and subordinate statutes to each investigation report (No. 5, 6, 7, 9 of the evidence list);

1. Article 144 (1) and Article 136 (1) of the Criminal Act, the choice of applicable law and punishment for the crime, and the choice of imprisonment, respectively;

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 (i.e., confession, reflectivity, and the present mental and health conditions of the defendant);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;

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