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(영문) 서울서부지방법원 2016.04.27 2015고단2981
특수공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 26, 2015, around 15:10, the Defendant driven D 124CC-wheeled vehicle on the bus exclusive of the bus in front of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, at around 15:10, the Defendant: (a) driven the D 124CC-wheeled vehicle; (b) controlled by a police officer’s uniform; and (c) failed to stop the vehicle from the slope E (36) belonging to the Seoul Seocho-gu Seoul Western Police Station that controlled traffic; and (d) failed to stop the vehicle; (b) thereby, the Defendant placed the back part of the two-wheeled vehicle to E, even though he did not stop the vehicle, the Defendant started the operation of the accelerator to cause damage to E; and (c) started the operation of the two-wheeled vehicle, which is a dangerous object in contact with the floor, and went to drive approximately

Accordingly, the Defendant, carrying dangerous objects and assaulted police officers who perform legitimate official duties on traffic control, etc.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the Police Statements with respect to E [this fact-finding is acknowledged based on each of the above evidence, as it is possible to believe each of the statements of E in light of consistency in statements, attitude of legal statement, etc.];

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The reason for sentencing of Article 62-2 of the Social Service Criminal Act / [Scope of Recommendation] The reason for sentencing of Article 62-2 of the Criminal Act / In the case of carrying dangerous things (6 months to 1 year and 4 months) in the basic area (special aggravation of duty) / [1 type] the degree of violence, intimidation, and deceptive scheme is minor (the decision of sentence / the decision of sentence / the decision of sentence ] the crime is denied despite the recognition of the crime by the specific and consistent statement of E, and the E is sentenced to imprisonment with prison labor as there is a risk of big diversification, but the degree of violence is insignificant and the E is insignificant as the speed of this wheels is not fast and the E is not different in reality, and the execution of sentence is postponed in consideration of the circumstances such as the lack of equal criminal records, and the fact that there is no same kind of crime.

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