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(영문) 서울중앙지방법원 2017.02.02 2016고단8698
공무집행방해
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2, 2016, at around 22:50, the Defendant discovered that police officers performed drinking control in the street in front of Gwanak-gu, Seoul Special Metropolitan City, while driving a “componing” car in front of the Seoul Special Metropolitan City (Seoul Special Metropolitan City) and went away after the damage, and found the Defendant who was under the signal signal line from the blind distance in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the background D belonging to the Maak Police Station caused damage to the traffic signal line, and demanded the Defendant to leave the vehicle to the Defendant after checking the fact of drinking through a drinking reduction device.

The Defendant started from the above D's left side of the said D's car and shocked D with the driver's seat and escaped, thereby hindering the police officer's legitimate execution of duties on the drinking control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs by reporting on the detection of an offender, or by cutting down a black stuff image;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (1) of the same Act concerning the selection of punishment.

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds of sentencing as follows);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order was that the Defendant committed the above crime while escaping from the crime in order to avoid control in a situation where he/she is suspected of driving drinking. In such a case, the Defendant assaulted the police officer using a vehicle that is dangerous in the process, and the nature of the crime is very high in light of the method of

The criminal act of the defendant resulted in serious interference with the execution of official duties on drinking control.

Although the Defendant did not have any previous record of interference with the performance of official duties of the same kind in the past, the Defendant repeated a crime related to traffic, such as drinking, failing to take measures after traffic accidents, and committing violent crimes, which have been sentenced to heavier punishment, such as imprisonment.

In light of these circumstances, the defendant's person.

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