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(영문) 부산지방법원 서부지원 2017.11.23 2017고합125

특수공무집행방해치상등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 16, 2017, the Defendant: (a) on June 16, 2017, on the street in front of the “D” store located in the Busan Seo-gu, Busan, and (b) on the left-hand turn in violation of the signal while getting on and off the “D” store located in the Busan Seo-gu, Busan, and (c) was exposed to the victim F, and was ordered to stop.

Therefore, the defendant was under the control of the victim to escape from the above site, and the victim was under the control of the victim, and the victim was under the control of the victim, and the victim was under the control of the victim, even though the victim was under the control of the victim, who was at the risk of the victim's escape, increased the speed of the above Orala, which is an object dangerous to escape, and caused the victim to go beyond the above Orala.

Ultimately, by assaulting a victim with carrying dangerous objects as above, the Defendant interfered with the police officer’s legitimate performance of duties concerning traffic control, etc., and caused the victim to suffer the victim’s left gambling, where the number of days of treatment cannot be known.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated 125 C obs, which did not purchase mandatory insurance at the above date and place; and (b) operated 125 C obs.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A criminal investigation report (attaching photographs, etc.);

1. A criminal investigation report (to attach a statement of intent of the victim);

1. An investigation report (to attach photographs and video CDs by cutting down CCTV around the scene);

1. Application of Acts and subordinate statutes not so reported;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 144(2) and (1) and 136(1) (a) of the Criminal Act concerning the choice of punishment, Article 46(2)2 of the Guarantee of Automobile Compensation Act, and the main sentence of Article 8 (a) of the Guarantee of Automobile Compensation Act (the fact that a person is not obliged to buy mandatory insurance and the choice of imprisonment);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [to the extent that the punishment is aggregated with the long-term punishment of the above two crimes].