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(영문) 인천지방법원 2015.11.12 2015고합317
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 11:00 on May 27, 2015, the Defendant was asked to stop on the ground that he did not wear a safety labelling boat from a policeman belonging to the Incheon Western Police Station, who controlled whether or not to wear a safety labelling boat, while driving the string distance in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seoul, by driving a Done Star bicycle at around 11:0,00, and driving the string distance from the original screen to the self-string distance. However, the Defendant was demanded to stop again from the victim guards of the same police station, who controlled on the back of the above E, but proceeded again from the victim guards belonging to the same police station, who was under control at the back of the above E, and runs away approximately 1km until the front road in the same Gu.

The victim who gets away from the patrol car was stopped only when he gets off the Defendant's vehicle.

After getting off the road above H, the Defendant resisted that the victim did not have any error since she worn the safety bell on the road, and then resisted that “I would see the way to go off. I would at the time. I would like to go back again,” which means “I would see the mind.” However, while the victim tried to stop driving the vehicle in front of it, I would like to prevent the victim from driving the vehicle, which is a dangerous object, and let the victim go back to the leg of the victim.

As a result, the defendant carried dangerous objects and interfered with legitimate performance of duties by police officers on traffic control, and the victim left the left-hand side in need of treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness F and E;

1. Photographs of the skin vehicle;

1. The application of the law to the opinion and the medical certificate;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

3. Article 62(1) of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

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