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(영문) 서울동부지방법원 2017.03.23 2017고합35
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2016, around 11:30 on December 26, 2016, the Defendant, while driving a D taxi on the front side of Songpa-gu Seoul Metropolitan Government, was exposed to the slope F belonging to Seoul Song-gu Police Station E.

Although the slopeF sent a stop signal with the reception, the Defendant neglected it and immediately changed the two lanes from the two lanes to the three lanes, the Defendant escaped, and at the same time received the signal from the victim G (31 tax) who is the police station E in Seoul, Song-gu, Seoul, Song-gu, Seoul, Police Station E in charge of traffic control to re-stop the vehicle with F, but continued as it is and received the loss of the victim due to the after-light of the foregoing taxi vehicle, which is a dangerous object.

As a result, the defendant assaulted the police officer, thereby obstructing the legitimate execution of duties of the victim on traffic control, and suffered approximately two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be two years to four years.

3. Determination of sentence: Imprisonment with prison labor for two years and suspended execution for three years; the defendant, while driving a taxi in violation of the signal of a police officer while driving the taxi, driving the vehicle as it is while disregarding the police officer's regular signal and obstructing the police officer's legitimate performance of official duties by causing the loss of another damaged police officer due to the front and rear warning of the vehicle;

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