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(영문) 서울동부지방법원 2016.11.18 2016고단2877
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. At around 11:30 on June 19, 2016, the Defendant: (a) was under the control of police officers B belonging to the Seoul Mine Police Station B, on the road front of the entrance area of 243 Kasan-ro, Gwangjin-gu, Seoul Special Metropolitan City, and became under the control of the police officers C belonging to the Seoul Minejin Police Station B, leading to the opening of the road.

However, the Defendant: (a) committed an assault with the police officer to escape from criminal punishment, such as a fine; (b) had the said police officer had been in front of the Otoba, and had the police officer go on the Atoba, and tried to move on the Abtoba, which is a dangerous object in the future; (c) had the left side of the said police officer with the front wheels; and (d) interfered with the police officer’s legitimate execution of duties concerning the prevention and investigation of crimes, public peace and order maintenance; and (d) had the above police officer go off with the left side part of the said police officer with an Obaba-in engine.

2. On June 19, 2016, the Defendant violated the Road Traffic Act (driving without a license) and the Guarantee of Automobile Accident Compensation Act (hereinafter “Motor Vehicle Accident Compensation Act”) driving the motor vehicle at approximately 6.6 km section, which was not covered by mandatory insurance without a driver’s license, on the road from the Gangnam-gu Seoul Metropolitan Government Seo-dong, to the front day of the exit No. 5 of the said building area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Mandatory insurance policies;

1. Registers of driver's licenses and investigation reports (verification of driving distance without licenses);

1. Application of the Acts and subordinate statutes of photographic pictures of suspects;

1. Relevant provisions of Articles 144(1) and 136(1) of the Criminal Act concerning criminal facts; Articles 154(2) and 43 of the Road Traffic Act; Articles 46(2) and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating a motorcycle which is not mandatory insurance and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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