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(영문) 서울중앙지방법원 2018.10.18 2018고합752
특수공무집행방해치상
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Punishment of the crime

On March 30, 2018, the Defendant was subject to control on the ground that the Defendant ordered a policeman E (26 o) belonging to the Gangnam-gu Seoul Metropolitan Government Gangnam-gu Police Station D (26 o) to hand over the Defendant using a two-wheeled vehicle (the number of which is unknown) at the Seoul Gangnam-gu Seoul, Gangnam-gu Police Station D on the ground that the Defendant took delivery.

When the above E puts the hand hand of the above Otoba and demands the presentation of a driver's license, the Defendant, who owns the Defendant, carried the hand hand of the above Otoba, and carried them over to the floor by plucking, digging and digging up the hand hand of the above Otoba in order to escape without complying therewith.

As a result, the defendant, carrying dangerous objects and assaulted victim E, who is a police officer, obstructed the police officer's legitimate performance of duties concerning traffic control and the prevention of traffic hazards, and the above victim suffered injury such as leaving the right side for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis 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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year and six months, but not more than 15 years;

2. Scope of the recommended punishment according to the sentencing guidelines: Not less than two years but not more than four years (the type of decision) have no type 1 (the injury or injury inflicted by interfering with special public duties) (the scope of the recommended area and the punishment) (the scope of the recommended punishment), the basic area of the recommendation, and the imprisonment for not less than two years and not more than four years.

3. Determination of sentence: The legitimate public authority of a police officer is given by committing the instant crime with a stay of one year and six months, which is subject to suspension of execution, in excess of a police officer who is under traffic control and attempted to flee without complying with the regular direction of a police officer assigned to the two-wheeled police officers.

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