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(영문) 서울동부지방법원 2014.02.05 2013고합333

특수공무집행방해치상등

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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

1. On October 14, 2013, the Defendant: (a) around 23:25, the Defendant caused the obstruction of performance of special duties; (b) around 23:25, on the road surface of the military guard room in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, 354-6; (c) Da 125C Rabbs; and (d) E, a police officer of the Seoul Mine Police Station, who was under the control of drinking driving, stopped the Defendant and led the Defendant to stop and stop the vehicle; (c) although the victim F (40) who is a police officer of the said police station, was in front of the Ortoba, the Defendant, who was her own care in the future to avoid the crackdown on illegal remodeling noise and number plates, caused the victim who was unable to avoid it to fall down on the road floor by putting about approximately 20 meters in front of the said Ortoba.

The Defendant interfered with the legitimate performance of duties by police officers concerning traffic safety using the above Obaba, which is a dangerous object, and thereby, caused the victim to suffer injury, such as the left-hand skes and alleys, which need to be treated for about eight weeks.

2. The Defendant in violation of the Automobile Management Act is the owner of D 125cc Madle Bas.

No person shall operate a motor vehicle knowing that its structure or device has been modified without approval from the competent authority.

Nevertheless, the defendant operated the above Obane with the change of the machine noise prevention device without the approval of the competent authorities at the time, place, such as Paragraph 1.

Summary of Evidence

1. Partial statement of the defendant;

1. 증인 F의 법정진술[피고인은 오토바이를 운전하여 진행하던 중에 피해자가 이를 저지하기 위하여 오토바이의 진행 경로에 뛰어들어 오토바이 위에 올라탄 것이라고 주장하나, 증인 F의 진술이 수사기관에서부터 이 법정에 이르기까지 일관되는 점{반면 피고인은 검찰에서 "경찰관 E이 멈출 것을 요구하기에 속도를 줄이고 잠깐 멈췄는데 시동을 끄라고 요구하기에...

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