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(영문) 수원지방법원 2019.11.29 2019고합534

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

On August 7, 2019, the Defendant driven the B motorcycle without wearing a safety cap in the direction of king from the lifelong learning source distance located in the Sinpo-si, Sinpo-si on August 18:53, 2019 and delivered it. On the other hand, the Defendant, who was working for the joint traffic control, changed the lane to one lane without complying with the suspension order issued by the military police station C, and escaped in the direction of the private distance of the military elementary school in the military.

The victim E, who is a slope belonging to the military police station C, who has continuously been working on the opposite road, sent a stop signal again to the defendant, but the defendant failed to comply with it and attempted to escape without lowering speed.

As a result, the defendant carried dangerous objects and interfered with the legitimate performance of duties of police officers in traffic control, and caused the victim to suffer injuries, such as chins, which require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. On-site photographs, damaged parts photographs, black stuff photographs, black stuff images, and black stuff images;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the scope of the punishment for obstruction of the performance of official duties: [No person who causes a death or injury resulting from a special obstruction of public duties], the basic area of the punishment for obstruction of the performance of official duties (the scope of the recommended area and the punishment for special obstruction of public duties], and two to four years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for a period of two years, and the crime of this case for a period of three years under a suspended sentence shall be damaged by the defendant with the intent to avoid crackdown while driving an Oralba without wearing a safety mother;