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(영문) 대구지방법원 2017.06.09 2017고단1861
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 10, 2017, around 11:35, the Defendant was controlled by the slope E belonging to the Daegu Dong-gu Police Station D police station in the Daegu Dong-gu, and was required to present a driver’s license to confirm his status on the ground that he operated F vehicles in violation of traffic signal from the slope E belonging to the Daegu Dong-gu Police Station D police station in the Dong-gu, Seoul, and he was in violation of traffic signals.

"The paragraph is stated to be " and the driver's license is refused to be presented."

When the above E demanded to present an identification card on the right side of the above vehicle's seat, the Defendant started the above vehicle, which is a dangerous object, as it is, and accordingly, demanded the above E to stop the vehicle, but the Defendant committed assault, such as proceeding 3 meters away as it is, even though he demanded the above vehicle's door-frame and stop the vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in the police statement protocol against E;

1. Application of video Acts and subordinate statutes to video images of black stuffs;

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. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable sentencing conditions among the reasons for sentencing) of the suspended sentence (the following reasons for sentencing) [the scope of statutory applicable sentences] : one month or seven years or six months / [the type] / [the person who interferes with the performance of official duties] - (the person who is subject to special sentencing] - Where a group of aggravated factors or a group of heavy factors shows or carries dangerous things, (1) / [the scope of recommended punishment] 1 to four years [the scope of recommended punishment] - In the event of an injury not among aggravated factors / [the person who is subject to general sentencing] - Whether a suspended sentence is suspended] - Where the defendant carries dangerous or dangerous things that show the threat of negative organizations or heavy force or carry dangerous things (the decision of sentencing] / The defendant maintains the violation of signal.

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