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(영문) 서울동부지방법원 2013.09.03 2013고단1593
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 22, 2013, at around 23:03, the Defendant: (a) set up a Grenton car on the road front of the F cafeteria located in Songpa-gu Seoul, Songpa-gu, and was seated at the driver’s seat; (b) the Seoul Western Police Station and the slope H, Assistant I, Ha, Ha, and Kman issued to the Defendant, presented a police officer identification card to the Defendant through the window open on the side of the driver’s seat of the said car, and (c) the Defendant driven a car on his own, her own and her own flabed the left top of K (Nam, 31 years old) with the left top of the car, and had it exceeded the floor.

Accordingly, the defendant, while carrying a vehicle, which is a dangerous object, obstructed the police officer's legitimate execution of duties concerning the execution of arrest warrant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against L/K;

1. Each investigation report, report on the occurrence of rapes and attempted rapes, report on appraisal, copy of arrest warrant, and report on actual condition;

1. Application of Acts and subordinate statutes to sing CCTV video data;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the Suspension of Execution [Determination of Punishment] : Obstruction of Performance of Official Duties : - Where the degree of violence, intimidation, and deceptive scheme is minor, the number of public officials who have suffered damage (type 1) in the event that the degree of violence, intimidation, and deceptive scheme is minor - the number of increased factors - the number of public officials who have shown the threat of collective force or carried dangerous things (type 1): [the scope of recommendation area] 1 to 4 years [the scope of aggravated punishment] applicable provisions of Articles 144(1) and 136 of the Criminal Act : [the scope of punishment] applicable provisions of Articles 144(1) and 136 of the Criminal Act : One to seventy years [the scope of suspended sentence] - Major reasons for the suspension of execution: In case of showing the threat of collective force or carrying dangerous things at least two times; the sentence of positive self-denunciation is pronounced.

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