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(영문) 부산지방법원 동부지원 2018.01.09 2017고합185

특수공무집행방해치상등

Text

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

Reasons

Punishment of the crime

1. On August 11, 2017, the Defendant was driving a two-wheeled vehicle (530cc) under the Ethro-Man Sea (530cc) without obtaining a driver’s license from the front of the Defendant’s residence in Suwon-gu, Busan, to the front of the access road in Ireland, which is located in 66-14 in the area of about 15 km from the front of the Defendant’s residence in Suwon-gu, Busan to the distribution of Nam-gu.

2. The Defendant caused interference with the performance of special official duties at the time and place specified in paragraph 1, in violation of traffic signal, thereby hindering a police officer’s legitimate performance of duties concerning traffic control by assaulting the above G, such as assaulting the above G, raising the speed of the vehicle, booming the vehicle, and cutting off the vehicle, which is a dangerous object, by neglecting this, even if he received a request for suspension and presentation of a driver’s license from the border border G belonging to the Busan Southern Police Station, the Busan Southern Police Station, where the traffic control was conducted, and thereby preventing the above operation of the vehicle. Accordingly, the above G, when putting the Defendant’s two-wheel hand, putting the vehicle at the end, putting the above G off, putting the hand off, putting the said G on hand, harming the police officer’s traffic control at approximately 200 meters, hindering the police officer’s legitimate performance of duties as to traffic control, and thereby causing the injury of the said G, such as the thrhee, flading, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, J, and K;

1. A report on the investigation by police and the prosecution;

1. Photographss of the scene of the crime, photographs of the instrument of the crime, and black stuff images;

1. Application of Acts and subordinate statutes in written opinions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 144(2) and (1), 136(1) (a) of the Criminal Act concerning the selection of punishment, and Articles 152 subparag. 1 and 43 of the Road Traffic Act (a person causing injury or injury to interfering with the execution of special duties), and Articles 152 subparag. 1 and 43 of the Road Traffic Act;

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of the above two crimes prescribed in the crime of injury resulting from interference with the execution of heavy special duties).

3. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):