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(영문) 수원지방법원 안산지원 2015.09.25 2015고합150

특수공무집행방해치상

Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

At around 15:00 on March 27, 2015, the Defendant driven C 125C 125C oba and driven a road in front of Dongjak-gu Seoul Metropolitan Government where the passage of the obab is prohibited, and the Defendant discovered the Defendant’s obaba that flows between one lane and two lanes, and indicated a stop signal with the Defendant’s hand going on the front side of the Defendant’s proceeding. However, the Defendant, while driving the oba and driving the obba, would come out of the F’s right side while driving the oba, which is a dangerous object, and driving the oba above the obaba, thereby causing injury to the Defendant, such as damage to the right side of the obaba, which requires treatment for about three weeks.

Accordingly, the defendant carried dangerous articles and caused the injury by assaulting police officers who perform the duty of regulating traffic offenses.

Summary of Evidence

1. Defendant's legal statement;

2. The statement of each police officer made to F and G;

3. A medical certificate;

4. Application of each statute of photography;

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;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Scope of the recommended sentencing criteria; and

(a) Determination of types: Crimes of Obstruction of Performance of Official Duties - Death or injury resulting from special obstruction of public duties - Type 1 (Bodily Injury or injury resulting from special obstruction of

(b) Special penal persons: Efforts to recover damage;

(c) Scope of recommending punishment: Imprisonment with prison labor for a year and six months to three years ( mitigated areas);

3. Criteria for suspension of execution;

(a) The major reasons for the entry: (a) The positive factor: the substantial effort to recover damage is (b) the negative factor is carried with dangerous articles; and

(b) Reasons for general participation: There is no serious reflectivity, or no criminal record of suspended execution or more (preemptive elements).

4. The decision of sentence shall contain the accused.