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(영문) 대구지방법원 2017.08.10 2017고단3398
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 10, 2017, around 10:44, the Defendant, while driving D freight cars at the front intersection B located in the border of the Gyeongbuk-si, the Defendant, in violation of the signal, was instructed to stop from E slope belonging to the Gyeongbuk-si Police Station, E and F, and stopped at the access road to the rest area of the Gyeongnam-gu, 623, the Gyeongbuk-si, the Gyeongbuk-si, the Gyeongbuk-si, the Gyeongbuk-si, the Gyeongbuk-si, the Gyeongbuk-si, the Gyeongnam-si, the Gyeongnam-si, the Gyeongnam-si,

around 10:47 on the same day, the Defendant: (a) the defect that E and F return to the above patrol lane when the Defendant completed the issuance of a penalty payment notice at an access road to the plaza south of Man-Nam; (b) whether the said patrol lane was issued; and

H. H. H. H. H. H. H.

The term "motor vehicle" refers to a "motor vehicle", the chest of the above E is pushed off one time with the left shoulder, open a driver's seat of the said patrol vehicle, and extract a knife in it, and then pushed the defendant's front in order to return to the freight lane.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on traffic control and the prevention of traffic hazards.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Ten copies of photograph, one penalty payment notification, and a copy of the working day;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act is not good for a crime to be committed in the course of resisting a police officer who regulates the violation of signal, but it is a primary crime. However, the punishment is determined as ordered by taking into account all the favorable circumstances such as the fact that the defendant is a contingent crime and reflects the wrong, such as the fact that the defendant's age, sexual behavior, environment, motive or circumstance of the crime, and circumstances after the crime.

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