특수공무집행방해치상
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 14:30 on June 2, 2015, the Defendant driven an otobane without a license plate in India in front of Jongno-gu Seoul, Jongno-gu, Seoul, and escaped to the road by changing the direction of the stop without complying with the request from the slope victim D(36 years of age) belonging to the traffic guidance map belonging to the traffic guidance department of the Seoul beneficiary Police Station, which was under traffic control.
Accordingly, when the victim gets back of the off and demanded a stop, the defendant changed his direction rapidly by raising the speed of the above off-to-land, which is a dangerous object, to go beyond the road surface, and led about about 15 meters from the fourth line to the first line among four-lanes.
As a result, the defendant interfered with the legitimate performance of official duties of police officers with dangerous objects, and thereby, he suffered injury to the victim, such as kneee open knee, which requires medical treatment for about two weeks.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. A photographic data and a medical certificate of damage;
1. Bus booms images;
1. Application of Acts and subordinate statutes to investigation reports, field photographs, and investigation reports (to hear statements by a victim police officer);
1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. The scope of the recommended sentence according to the sentencing guidelines (decision of type), the obstruction of performance of official duties, the death or injury caused by special obstruction of public duties, the first category (the injury or injury caused by special obstruction of public duties) (the scope of the recommended sentence), the basic area (the scope of the recommended sentence), the imprisonment of two years to four years.
3. The following circumstances shall be taken into consideration in the decision of sentence, and the age, character and conduct, environment, and crime of the defendant.