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(영문) 서울중앙지방법원 2016.06.30 2016고단3364
특수공무집행방해등
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

around 07:50 on April 28, 2016, the Defendant, on the road in front of Gwanak-gu in Seoul Special Metropolitan City, controlled the victim D (29 tax) who is the head of the traffic safety and the police station affiliated with the Seoul Gwanak-gu Police Station and demanded to provide a license on the ground that the Defendant passed the crosswalk on the road in front of Gwanak-gu in Seoul Special Metropolitan City, and obstructed the police officer's legitimate execution of duties concerning the maintenance of traffic order and the crackdown on the act of violation, and at the same time interfered with the victim's legitimate execution of duties, such as the victim's knee part in need of medical treatment for about 2 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A medical certificate;

1. Application of the Acts and subordinate statutes of the Orbiopia photograph

1. Articles 144(1) and 136(1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of special official duties) and Article 257(1) of the Criminal Act;

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

1. Selection of imprisonment with prison labor chosen;

1. In the event that an intentional injury was committed on the ground of sentencing of Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence (the scope of a recommendation) / [the scope of a recommendation / [the scope of a recommendation / the scope of a punishment / the scope of a punishment / the scope of a recommendation / the scope of a general offender / the scope of a punishment / the scope of a punishment / the scope of a punishment / the scope of a minor injury (1 and 4) / the scope of a final sentence / the scope of a majority offender / the scope of a punishment / the scope of a punishment / June 1 and October 10 [the determination of a sentence] under Article 62(1) of the Act on the Suspension of Execution of Public Service / In the event of a interference with the performance of a public duty, and at the same time, the crime of this case - which interferes with a police officer's performance of a public duty at the same time, and which is harsh

However, in consideration of the fact that the defendant misleads the defendant and repents in depth, the degree of injury is relatively minor, the injured police officers seek a letter to be seriously used, and there was no criminal history prior to the instant case, the punishment shall be determined as ordered by the text.

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