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(영문) 의정부지방법원 2018.01.18 2017고단5270
일반교통방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2017, the Defendant interfered with the traffic of approximately 20 minutes on land, such as blocking vehicles that run on a one-lane road in the direction of the sports hall in the direction of the tax office on the front road located in Guri-si B, Guri-si, 18:10 on October 22, 2017, by blocking vehicles that run on a one-lane road in the direction of the sports hall, obstructing the passage of vehicles.

2. On October 22, 2017, at around 18:40, the Defendant: (a) arrested a flagrant offender against E (27 arche) who was called up after receiving a report at the same place at the D Rab Zone on October 22, 2017, and was in order to take passengers on the back seat of the 112 patrol vehicle, the Defendant: (b) opened a vehicle door in order to have the victim take passengers on the back seat of the 112 patrol vehicle; and (c) asked the victim to take the hand on the back seat of the 112 patrol vehicle; and (d) carried the damaged trees in need of approximately two weeks of medical treatment.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on 112 Report and inflicted an injury on the victim at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. A notification of a 112 reported department, or a D district office;

1. A photograph of the victim's crime, and a damaged photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 185 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines for crimes obstructing the performance of official duties for the reasons of sentencing under Article 62-2 of the Social Service Order Criminal Act [the sentencing guidelines for crimes obstructing the performance of official duties] There are no types 1 (Interference with the performance of official duties) [the person subject to general sentencing] [the scope of recommendations] in cases where an unexpected injury occurs: The basic area : June - June - June 1 year and June 1 year, the fact that the O accused is in profoundly against the wrong injury, the degree of injury by the victimized police officer is not much serious, and the defendant is punished by a fine for drinking driving in 201.

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