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(영문) 서울중앙지방법원 2015.08.20 2015고합415
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 13, 2015, at around 17:00, the Defendant was exposed to D, a police officer belonging to the Seoul Beneficiary Police Station, who was under traffic control, while driving a 125C Matoba in front of the Seoul Design Foundation in Jongno-gu Seoul, on the ground of delivery, while driving a Matoba in the same cemetery in front of the Seoul Design Foundation.

The Defendant, at the above location, told D that the above part of the Obaba, “Obaba,” was fluencing, but, with a view to avoiding traffic control, operated the above Obaba in order to avoid traffic control, while proceeding about about 70 meters at a speed of about 20 to 30km in speed of the city, at the speed of about 20 to 30km in order to remove D.

Accordingly, the defendant committed violence to D using an off-to-land, which is a dangerous object, and interfered with legitimate execution of duties of police officers in relation to traffic control.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the investigation report, investigation report (CCTV verification case), CCTV-cape photographs, and CCTV image USB;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "ordinary circumstances favorable to the defendant among the reasons for sentencing");

1. Scope of applicable sentences under Acts: From January to June; and

2. The scope of recommendations according to the sentencing criteria: The scope of recommendations [decision of types]; the obstruction of performance of official duties; the obstruction of performance of official duties; the first category (the obstruction of performance of official duties/performance of duties); the threat of collective force or the carrying of dangerous objects (the scope of recommendations); the area of aggravation of punishment; one year to four years.

3. Determination of sentence: Imprisonment with prison labor for one year, and the crime of this case for two years of suspended sentence is committed by the defendant, and a police officer, who was under traffic control on the Obatobane operated by the defendant, runs beyond 70 meters away from each other.

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