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(영문) 서울남부지방법원 2018.09.19 2018고단2524
특수공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 May 11, 2018, around 05:45, the Defendant was subject to control on the ground that police officers affiliated with the Seoul Regional Police Agency D, who did not wear safety equipment to E, and operated F obbb in India, on the front side of Yeongdeungpo-gu Office, Yeongdeungpo-gu, Seoul Metropolitan Government Police Agency Traffic Guidance Division D, Seoul National Police Agency, on the ground that he operated F obane in India without wearing safety equipment.

Defendant 1, who was dissatisfied with the above crackdown, flabed the light, flabed in front of the above E, flab and flabed in front of the vehicle, and flabed the roadway and delivery, and flably flabed in India, and flabed the above E, and flabed by operation of the above Obaba, and received the parts of the above E’s arms and flaba.

In this respect, the Defendant interfered with the legitimate execution of duties of police officers concerning traffic guidance and control by using an off-to-land, which is a dangerous object.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of Handphone images);

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act that is disadvantageous to the defendant: The defendant's act of delivering it to Oralba, and the police officer's act of breathing and receiving it is very poor in the form of crime, and the danger is high in that it could inflict harm on the life and body of police officers and pedestrians.

As a result, the public authority on the enforcement of the law has been damaged, and the fraud of the police officer is also affected.

The favorable circumstances: the defendant recognized a mistake and reflects it, and deposited KRW 1 million for the damaged police officers.

In 2003, there is a history of punishment of a fine of KRW 500,00 for the crime of bodily injury, but there is no record of criminal punishment later.

The father of Byung is supported by his father, and the health condition of the defendant is not good.

As above.

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