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(영문) 부산지방법원 2016.10.28 2016고합165

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

Criminal facts

[Criminal Power] On June 30, 2016, the Defendant was sentenced to imprisonment for six months with prison labor for gambling opening at the Seoul Eastern District Court, and the judgment was finalized on July 8, 2016.

【Criminal Facts】

On November 11, 2015, the Defendant, at around 10:20 on November 11, 2015, driven the E-to-land in front of the “D” convenience store located in Suwon-gu, Busan, but was exposed to G to the police officer belonging to the Busan Southern Police Station, on which he was under control of the E-to-land driving.

Accordingly, the Defendant was driving at a speed of the above Otoba, and obstructed the front thereof, and received the right side part of the above G from the above G as the back part of the upper left side of the Otoba, and had the above G enter the right side of the above G, which requires approximately three weeks medical treatment.

As a result, the Defendant carried “hazardous goods” and obstructed the performance of legitimate duties concerning traffic control, etc. of the said G, thereby causing injury to the said G.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. An investigation report (Attachment of a medical certificate for injury);

1. A written diagnosis of injury;

1. Application of statutes on site photographs;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (mutually between the crimes of gambling and the crimes of opening or opening gambling for which judgment becomes final and conclusive);

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 the main sentence of Article 62 (1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and not less than six months;

2. Basic area (two years to four years) of the sentencing criteria shall apply (the scope of recommending punishment).

3. In this case, the defendant will have been granted a speed rather than by disregarding the stop signal of the police officer in charge of traffic control.