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(영문) 서울중앙지방법원 2015.08.21 2015고합606

특수공무집행방해치상

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 6, 2015, at around 16:10 on March 6, 2015, the Defendant: (a) obstructed the central line without wearing safety equipment at the intersection in the subway Station in Seoul subway Station; and (b) was exposed to the traffic of the Seoul Hye Police Station and the slope victim D (year 36) who carried out traffic control duties at that place, and was demanded to present an identification card.

In order to avoid punishment pursuant to traffic regulation, the defendant had a mind to escape, and had a victim find an identification card knowing that the victim puts the victim with an equipment installed behind the above earth and sand, and started with the time-stopping.

In order to continuously remove the victim, the victim was able to increase the speed of the surface of the earth and to see the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty are

Accordingly, the defendant, carrying a dangerous object, obstructed the police officer's legitimate performance of public duties concerning traffic control, and suffered from the victim's injury, such as climatic salt, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Investigation reports (Submission of medical certificates) and investigation reports (on-site investigation for confirmation);

1. Application of CCTV image USB Acts and subordinate statutes;

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 (see, e.g., Article 62 (1) of the Criminal Act) (i.e., Supreme Court Decision 20

1. Grounds for sentencing under Article 62-2 of the Criminal Act, and Article 59 of the Act on Probation, etc.;

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

2. The range of the recommended punishment according to the sentencing criteria (the decision of type) shall be the one that does not contain any type 1 (the person who causes special obstruction of public duties) (the person who causes special obstruction of public duties).