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(영문) 대전지방법원 천안지원 2015.12.16 2015고합236

특수공무집행방해치상

Text

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.

Reasons

Punishment of the crime

At around 14:00 on June 16, 2015, the Defendant, while driving a 124cc camba while driving a camba, which was unregistered, without wearing a safety cap from the camba distance in the jundong-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Police Station C commander of the Hacheon-dong, Chungcheongnam-do, where the Defendant had been working at the camba, failed to comply with the request of the Defendant to stop in order to regulate the Defendant.

In front of the “friendly VIP apartment” 100 meters away from the above place, the Defendant observed the Defendant, who was a police officer belonging to the Chungcheongnam-nam Provincial Police Agency E (the age of 33) working for traffic control, and demanded the Defendant to stop at the crosswalk in front of the Defendant’s proceeding direction, despite the Defendant’s request to stop, the Defendant violated and proceed with the signal without speeding the speed to avoid the crackdown, and had the victim’s body go beyond the road.

As a result, the Defendant obstructed the police officer's legitimate performance of duties concerning traffic control by using an off-to-land, which is a dangerous object, and inflicted an injury on the victim, such as cutting down the right-hand flag, which requires treatment for about 8 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The photographic of otobs; and

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, investigation report (to hear the statements of a traffic control 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 extenuating circumstances among the reasons for sentencing);

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

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to fifteen years;

2. The scope of recommendations according to the sentencing guidelines (determination of type) shall be the obstruction of performance of official duties;