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(영문) 서울남부지방법원 2016.06.24 2016고합236
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On January 8, 2016, the Defendant is a person who was issued a warrant of arrest on suspicion, such as interfering with the execution of official duties in the Incheon District Court.

On May 15, 2016, the Defendant was under high-priced road opened at Guro-gu Seoul Metropolitan Government opening-dong on May 11, 2016, and the Defendant violated the signal while driving Gamba-in vehicles, and controlled traffic in the vicinity of the invasion, by a private victim I (35 years old) of the Guro Police Station H belonging to the Seoul Guro-gu Seoul Metropolitan Government Police Station.

In the process of confirming the identity of the Defendant, the Defendant continued to proceed with the above vehicle as it is in order to escape arrest, and the victimized person who prevented the above vehicle from spreading it to the Bows of the above vehicle, while continuing to proceed 100 meters away, the Defendant received the above high-priced outer wall part with the left side of the above vehicle, and has damaged the victim on the floor.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on traffic control, and thereby, the Defendant suffered from the victim’s an open standing room and left-hand shoulder of the complete body that require approximately six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes, such as photographs, such as a vehicle of the victim, reports on the results of field identification, and photographs on the scene of crimes;

1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Where a serious injury occurs in the aggravated area (three to six years) (three to six years) of the increased area (a person who has been specially increased) of the first type (Bodily damaged by interfering with a special official duty), which is the scope of the recommended sentence in accordance with the standard table for sentencing [the scope of the recommended sentence];

2. The crime of this case, which was sentenced to sentence, was committed by a police officer, who was under traffic control, with the intention to escape from arrest, by which the fact that the defendant was designated, was killed while driving at a rapid speed, and the defendant was justifiable.

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