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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2290
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 July 26, 2016, around 15:15, the Defendant was in operation of the Yongsan-dong, B BBV 125CC in front of the Yongsan-dong, Nam-gu, Busan. At the place where traffic control was conducted, the Defendant assaulted the above police officer, such as: (a) who was under the traffic control, was subject to the traffic control from the border D (28 tax) belonging to the Busan Southern Police Station C (28 tax), and was requested to present a license for the central crime; (b) who was under the traffic control, was in the course of demanding the presentation of the license; and (c) the Defendant was in the course of driving the said D, which was a dangerous object, probbbbbbbbbs, and was going beyond the direction of the vehicle.

Accordingly, the defendant interfered with legitimate execution of duties concerning traffic control of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (in the event of attaching photographs to the ozone layer photographs), a report on investigation (in the case of attaching photographs to the scene of the case);

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 sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the use of force against a traffic control police officer. Considering that there is a risk of causing serious injury to a police officer, the crime of this case is disadvantageous.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant does not have any criminal record exceeding the same criminal record or fine is a favorable circumstance.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with Special Official Duty Execution: The group of crimes interfering with the performance of official duties, interference with the performance of official duties, one type (Interference with the performance of official duties), and carrying dangerous things, etc.

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