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(영문) 광주지방법원 2018.01.09 2017고단5009
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of special official duties on August 24, 2017: (a) reported police officers who were under drinking control in front of the C agency located in Gwangju Mine-gu, Gwangju on August 24, 201; and (b) driven by himself.

D Driving a car driving has led to a progress.

Accordingly, as the expenses of the police station in Gwangju Mine and the slope F belonging to E are directed the defendant to stop, the defendant, despite being in front of the defendant's vehicle, was driving the vehicle in the future, and there was a conflict between F's left side side of the vehicle and kneekbbbs.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on the crackdown of drinking.

2. On August 24, 2017, the Defendant driven a D New-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wing-Wing-Wing-Wing Ling-Wing-Wing Ling-Wing-Wing-Wing Ling-Wing-Wing Ling Ling-Wing-Wing Ling-Wing-Wing Ling-Wing-Wing-Wing Ling-Wing-Wing

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Statement of the circumstances of the driver involved in driving;

1. A photo of the damaged part;

1. Application of the Acts and subordinate statutes of reply to expert opinions;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) of the Criminal Act (a point of interference with the performance of special official duties), Articles 148-2(2)2 and 44(1) of the Road Traffic Act, and the choice of imprisonment for each of the types of punishment;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The instant crime was committed by the Defendant while driving alcohol and obstructing the police officer's performance of official duties by carrying dangerous articles while avoiding crackdown, and the nature of the crime was bad.

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