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(영문) 서울중앙지방법원 2018.01.12 2017고합1154

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the above sentence shall be executed for three years from the date the judgment of this case became final and conclusive.

Reasons

Punishment of the crime

On October 25, 2017, at around 13:52, the Defendant, while proceeding in violation of D 125cc obab on the front side of Jongno-gu Seoul, Jongno-gu, Seoul, requested a stop from the beneficial police station E and from the victim F (40 tax) who is the police officer belonging to the police station, the Defendant continued without rapid speed. The Defendant, despite having taken the Defendant’s arms, did not stop, led the victim about about 46 meters, leading the victim over the floor without stopping.

As such, the Defendant interfered with the legitimate execution of duties concerning traffic control of the victim by using an off-to-land, which is a dangerous object, and suffered injury to the victim, such as a woo knee knee knee knee knee kne kne kne kne

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A report on investigation (Submission of a victim's diagnosis report), report on internal investigation (flab CCTV images), report on internal investigation (verification of the type and number of vehicles) (flabs and car number), investigation report (flabing of the suspect), investigation report (Attachment of a victim's work log), investigation report (on-site inspection and distance measurement); and investigation report (on-site inspection and distance measurement);

1. Application of field map and measurement photographs, black stuffs video CD-related Acts and subordinate statutes;

1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions]. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be limited to the group of crimes interfering with the performance of public duties, the investigation of harming the performance of public duties, and the investigation of harming the performance of public duties, and the mitigation elements of punishment (any injury resulting from interference with special public duties):

3. The Defendant was sentenced to a sentence, disregarding the police officer’s demand to stop traffic lawfully.