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(영문) 서울동부지방법원 2017.02.16 2017고합13
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:00 on January 2, 2017, the Defendant suffered injury to the Defendant’s “the 125c cBR branes on the left left right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right right

In accordance with the evidence duly adopted and investigated, the content of this part of the facts charged was partly revised to the extent that it does not interfere with the defendant's right of defense.

The injury suffered.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Each statement of G and H;

1. On-site photographs, photographs of the suspect, and victim;

1. Application of the Acts and subordinate statutes concerning video recording of booms caused by interference with the performance of special duties set forth in subparagraph 3 of the patrol car;

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

1. Articles 2 and 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act, mitigation of juvenile offenses;

1. Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act (The following favorable circumstances shall be considered among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to attend lectures and orders to provide community service;

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

2. Scope of recommended sentences on the sentencing criteria: Juvenile offenders, and the sentencing criteria do not apply.

3. The Defendant, without wearing a safety cap, proceeded with a stop signal from an injured police officer who was under the influence of drinking while getting on or getting on a safe flab, thereby obstructing the legitimate performance of official duties by receiving the victimized police officer and causing injury to the victimized police officer.

Defendant’s crime is a legitimate exercise of public authority.

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