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(영문) 의정부지방법원 2014.05.13 2014고단713
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

At around 23:50 on January 4, 2013, the Defendant was under the influence of alcohol to the police officers belonging to the Do Government Police Station and auxiliary police officers belonging to the Do Government Police Agency, while driving the C Car, which is owned by the Defendant, on the front line of the Do Government-dong's Do Government-dong, in front of the Do Government-dong's Do Government-dong's Do Government-dong's Do Government-dong.

At the top of the driver's vehicle in the front of the driver's vehicle, D's driving of the Gu's government police station, in order for E, an auxiliary police officer, to take the door of the vehicle on the front side of the operation of the vehicle and prevent the driving of the vehicle, the Defendant, who was the above police officer, proceeded with the vehicle, which is a dangerous object, to the police officer, even though the above police officer is standing on the front and right side of the vehicle.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate performance of duties by police officers engaged in the duty of drinking driving control.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. Statement to E by the police;

1. An explanatory note and a photograph of the injured party's external wounds;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] - Types 1 (Obstruction of Performance of Official Duties and Compellion of Duties) - Where there are many public officials who have suffered damage: [Determination of the recommended area] 1 to 4 years [the scope of punishment ] increased area / [the scope of punishment ] increased area / 1 to 4 years / there is no record of criminal punishment : there is no record of punishment, and no record of punishment (where there is any serious injury): applicable provisions of law / [the scope of punishment] statutory punishment under Articles 144(1) and 136 of the Criminal Act : January to July 6 [whether suspended sentence] - Major reasons for the obstruction of Performance of Official Duties: there is no record of criminal punishment, no sources of punishment - general participation (esteem).

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