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(영문) 서울서부지방법원 2017.10.25 2017고합253
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2017, at around 07:30, the Defendant discovered the instant mixed CBR vehicle with D, the head of Mapo Police Station C, who performed traffic adjustment and traffic laws and regulations, and demanded the Defendant to present his/her identification card, while operating the Mapo-gu Seoul Mapo Police Station 192 Mapo-ro Mapo-ro 192 Mapo-ro Mapo-ro Mapo-ro Mapo-ro 100CC Mapo-ro Mapo-ro Mapo-ro Mapo-ro Mapo-ro, the Defendant was driving the Mapo-do 1000 U.S. Mapo

The Defendant tried to continue driving a two-wheeled vehicle without presenting an identification card to avoid criminal punishment or administrative disposition due to the operation of a two-wheeled vehicle. While D was equipped with a two-wheeled vehicle steering gear in order to prevent the Defendant’s escape, D violated D’s stop signal while driving about 50 meters to the Mapo Police Station, and left left at the right from the right side of the right side of the Mapo-dong.

E-Operation used D to be faced with D at the front part of the car in front of the car in F Spanpo zone, and used to assault D.

Accordingly, the Defendant, carrying a two-wheeled automobile, which is a dangerous object, interfered with legitimate performance of duties by police officers concerning traffic control and traffic regulation violations, resulting in the injury to the right side of the aforementioned D, which requires approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written statement of the occurrence of E traffic accidents;

1. (1) A traffic accident report, (2) a traffic accident report, and a traffic accident occurrence report;

1. Photographss and photographs of damaged vehicles by capturing a black stuff image;

1. A medical certificate;

1. Application of statutes governing certificates for two-wheeled motor vehicles;

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 in favor of the defendant among the grounds for sentencing);

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the following sentencing grounds)

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