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(영문) 서울서부지방법원 2016.05.11 2016고합34
특수공무집행방해치상등
Text

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

Reasons

Punishment of the crime

1. On February 9, 2016, the Defendant interfered with the performance of special official duties: (a) around 15:20, the Seoul Seodaemun-gu, Seoul Western-gu, the Defendant was ordered to suspend his vehicle on several occasions from the slopes affiliated with the Seoul Seodaemun-gu Police Station Down-gu, Seoul, which confirmed the Defendant’s notification of the Defendant’s fine number of times and appointment while operating the last car, and the Defendant failed to comply with the order of suspension on several occasions; (b) on the same day, at around 15:25, the Seoul Seodaemun-gu, the Defendant was temporarily stopped due to the vehicle’s stop on the second line, front of the 464 National Bank.

The above E ordered the Defendant to stop the Defendant’s car in front of the Defendant’s car fronts and down the Defendant’s car, but the Defendant continued to drive the car by disregarding the above order, and even though E took one hand the Defendant’s car blick and set the Defendant’s car glass with another hand, the Defendant, in disregarding this order, escaped to the left side in the state where E was carrying the blicks.

While the defendant had escaped as above, at around 15:30 on the same day, E, who was sprinking the defendant on the front road of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, attempted to flee by plucking off the defendant's vehicle to the left-hand hand before the defendant's proceeding direction. Accordingly, E prevented the defendant from getting off the passenger car spacks of the defendant in order to stop the defendant, but the defendant escaped as it is by raising the speed of the vehicle.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of police officers by using a passenger car, which is a dangerous object.

2. For the same reason as the above A, the Defendant continued to damage the patrol car, which is a public object, by shocking the backer of the patrol car H(I), which was driven by G during the course of the escape, at the access road to the lower exit of the Yongsan-gu Seoul Metropolitan Government Nowon-gu Seoul Metropolitan Government Nowon Police Station D, which was driven by G during the patrol car’s operation.

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