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(영문) 수원지방법원 평택지원 2017.05.24 2017고단117
특수공무집행방해등
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

1. On December 24, 2016, the Defendant violated the Road Traffic Act (drinking) driving a D low-speed car under the influence of alcohol level of about 0.126% in the 10km from the front point of “ another and another spoke-si” located in Pyeongtaek-si 13 at the same Do, to the front point of “a another spoke-si,” located in the same Do, 279 at the same Do.

2. Around December 24, 2016, the Defendant interfered with the performance of special official duties, who was seated in the driver’s seat of the Doll on the front of the Doll on the road of the New Corlla, and was diving, and was under the influence of alcohol from the police box F, etc., of the Pyeongtaek-gu Police Station E box dispatched to the site after receiving a report on 112.

The Defendant, upon receiving a demand from police officers to leave the vehicle, was driving the above low-speed car and was on board the said F.

G The front part of the Defendant’s vehicle was called the Defendant’s vehicle, and the front part of the Defendant’s vehicle was turned back to the Defendant’s vehicle, and the front part of the Defendant’s vehicle was set up at the right side between the Defendant’s vehicle and the Defendant’s vehicle.

Accordingly, the defendant, carrying dangerous articles, and assaulted police officers who were performing legitimate duties on criminal investigation, thereby hindering the execution of official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Application of the circumstantial report to the driver of the main place, the patrol car damaged photographs, and the Acts and subordinate statutes governing the photographic image of black stuffs;

1. Article 144(1), Article 136(1) (a) of the Criminal Act for the crime concerned; Article 148-2(2)2, and Article 44(1) of the Road Traffic Act for the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria for a crime of obstructing the performance of special duties;

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