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(영문) 창원지방법원 2016.04.07 2015고단3172
특수공무집행방해등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 14, 2015, the Defendant interfered with the performance of special official duties on the road in front of the “Seoul Sea Museum” in the direction of Kimhae-si, Kimhae-si, and on the road in front of the “Seoul Sea Museum” in the direction of the Kimhae-si, where he was working for drinking control, and responded to the request of D’s drinking reduction in drinking, but did not get off the vehicle with the mind of having the signal sent at the drinking reduction in the vehicle and had the opportunity to escape.

The above police officers seen these circumstances, and extracted the height of the vehicle with the left hand through the window of the driver's seat of the above cargo vehicle, and proceeded without the speed of the above cargo vehicle. The above police officers led the above police officers to walk on the window of the above cargo vehicle in about 3 meters, and sold and shouldered the above window, etc.

Accordingly, the defendant assaulted the above police officer by using dangerous cargo vehicles, and interfered with the legitimate execution of duties by the police officer on drinking control.

2. On July 14, 2015, the Defendant interfered with the performance of official duties on the road in front of the “F cafeteria” located in Kimhae-si, Kimhae-si, the Defendant assaulted the police officer, and obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders by assaulting the Defendant who escaped using the above cargo, and committing an escape act from C Assistant G of the Police Station in the Kim Sea, who concealed the Defendant who escaped using the above cargo, and by assaulting the police officer’s chest part on his hand with a view to evading arrest after taking off the vehicle, and thereby interfering with the police officer’s legitimate performance of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Each investigation report, application of photographic Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act (the point of obstructing the performance of special official duties), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), the selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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