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(영문) 서울동부지방법원 2017.10.26 2017고합236
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

The Defendant, around 10:50 on August 7, 2017, was stopping at the front of the Seoul Special Metropolitan City Gwangjin-gu D, with E 125cc cki in the state of being on board the E 125cc ckis. The Defendant was not fluoring off the name of loan advertisement on the street.

“The police box of the Seoul Mine Police Station was demanded by the police officer G (Woo, 39 years old) affiliated with the police station of the Seoul Mine Police Station to turn off and get off off the Obabba, which was called upon the report.

Nevertheless, the defendant refused to comply with it and started the Oralba to stop the front part of Oralba and pushed the victim who was in front of Oralba, thereby pushing about about 5 meters, and exceeded the Indian floor.

As a result, the Defendant, carrying dangerous objects, obstructed police officers from performing their legitimate duties in relation to the investigation of police officers' crimes, and thereby inflicted injury on G, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Protocols of seizure, list of seizure and photographs of ozones;

1. Name cards for loan advertisement;

1. Blue photograph (13) to cover a blue video (scambling 13) and patrol blue video CD;

1. Application of medical certificates and kneee-feeeeng-feeng-feng

1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Code of the Social Service Order (Article 62-2 of the Public Prosecutor's Order of Seizure (Evidence No. 1) is sought, but since confiscation under Article 48 (1) 1 of the Criminal Code is voluntary, whether confiscation of a thing that meets the requirements for confiscation is to be made or not shall be placed at the discretion of the court, except for those subject to the proportionality principle applied to the general criminal law (Supreme Court Decision 2001Da1548, May 1, 201).

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