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(영문) 서울서부지방법원 2019.02.21 2018고단4139
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant had weak ability to discern things or make decisions due to stimulative disorder, etc.

1. The Defendant attempted to larceny, around November 17, 2018, at the end of the “C hotel” hotel located in Yongsan-gu Seoul Metropolitan Government, on the front of the “C hotel” hotel located in Yongsan-gu, Yongsan-gu, Seoul on November 17, 2018, by taking advantage of the gaps in surveillance of the victim D, was on board the victim’s market price in the amount of KRW 35 million, and attempted to steal the said vehicle by walking at the start and driving the said vehicle, and attempted to steal it by driving the said vehicle at the site.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license in a section of about 20 meters from the front of Yongsan-gu Seoul Metropolitan Government to the front of the same Gu F.

3. In light of the date and time indicated in the preceding paragraph, the Defendant: (a) on the front of Yongsan-gu Seoul Special Metropolitan City road; and (b) on the front of Yongsan-gu, Yongsan-gu, Seoul Special Obstruction of Performance of Official Duties, the Defendant demanded a vehicle owner’s 112 report, who was dispatched to the site, to leave the said vehicle on the front of the vehicle; and (c) on the front of the said vehicle, the Defendant obstructed the front of the vehicle and prevented the vehicle from driving by spreading the said vehicle, which is a dangerous and dangerous object, by neglecting the police officer’s demand.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of their duties on the handling of 112 Reporting Cases.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. 112 Reporting, case management list and work place;

1. Application of Acts and subordinate statutes on police statements made to H and D;

1. Relevant Article 342 of the Criminal Act, Articles 32 and 329 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and Article 144 of the Criminal Act concerning criminal facts.

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