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(영문) 서울동부지방법원 2019.02.15 2018고단3699
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

On October 21, 2018, on the front side of Songpa-gu Seoul, the Defendant 22:32: (a) driven Hatoba in front of Songpa-gu, Seoul; (b) driven Hatoba without wearing Otoba safety string; and (c) driven Haba to E with the traffic of the Seoul Telecommunication Police Station and the D Team affiliated with E; and (d) proceeded at a speed to avoid control over those who were ordered to stop from E; and (b) Ortoba, which is a dangerous object, was under the right part of E with the left part of the Hand.

Accordingly, the defendant carried dangerous articles and interfered with the execution of public duties by assaulting police officers who perform legitimate duties on traffic offense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic-free assignment mark;

1. Stobane photographs;

1. A criminal investigation report (related to attachment of a general medical certificate);

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of the recommended sentence according to the sentencing guidelines (decision of type), the obstruction of the performance of official duties, the obstruction of the performance of official duties, and the aggravation of the first category (special person): Where carrying dangerous articles (the scope of recommending punishment): One year to four years;

2. The instant crime committed by the Defendant on the sentence of sentence is likely to interfere with the legitimate execution of duties by a police officer due to the use of the part of the police officer's right elbows, which is a dangerous object to avoid the traffic control by the police officer while driving the tobbbs, and the nature of the instant crime is not good, and the risk inherent in the instant act is also high;

However, it is against the defendant's recognition of the crime of this case, there was no criminal punishment exceeding the fine, and the fact that there was no criminal record of the same kind of crime, etc. shall be considered as a favorable condition to the defendant, and the age, character, character, environment of the defendant.

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