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(영문) 광주지방법원 해남지원 2017.08.24 2017고단243
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 June 26, 2017, around 10:25, the Defendant was subject to the control from the police officer belonging to the former local police agency of the Korea National Police Agency by crossing the public toilet in front of the public toilet located in the Southern-Gun, South-Namdo on the road, and the Defendant tried to leave the scene by driving a vehicle on the Dok-dong, which was parked on the road side, and the police officer attempted to stop the Defendant and stop the vehicle on the Dok-dong, and opened the Dok-dong door and the west-dong door, and demanded the Defendant to present the identification card on the vehicle, the Defendant’s vehicle, which is an object of disregarding and danger, was 30 cm with the above Dok-dong car, which is a driver’s seat of the said vehicle, and shocked the E’s left arms of the slope, even if the Dok-dong door of the said vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of the Acts and subordinate statutes on photographs and video CDs;

1. Article 144 (1) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the community service order criminal law are as follows: (a) the Defendant was subject to a police officer’s control by wearing a safety level sign or crossing without permission; and (b) despite the police officer’s warning that he was under the due ground, the Defendant was shocked the police officers who were on the side of a passenger car that he/she driven and opened.

Considering the fact that there is a need to ring the police officers in the attitude of the defendant's public authority revealed in the background and content of the crime, and the fact that the defendant did not receive a letter from the damaged police officers, the defendant should be punished strictly.

However, the time of self-esteem has been the time when the defendant recognized his mistake and reflected, and was detained for about two months.

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