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(영문) 서울동부지방법원 2016.01.29 2015고합343
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Criminal facts

On October 2, 2015, the Defendant, on the part of 08:30 on October 2, 2015, on the part of the Defendant, went in contravention of the signal while passing the 3rd malm of the 610-2 Eastdong, Gwangjin-gu, Seoul, and was given a stop signal from the victim D(41 m) who was assigned to the police box C of the Seoul Minejin Police Station C, which observed this signal.

Despite the victim's stop signal, the defendant changed the victim from the three lanes to the two lanes, and the victim who had been living in the two lanes to the two lanes was operated by the defendant.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning traffic control using the above Baba, which is a dangerous object, and thereby, the Defendant suffered a variety of slicks, such as a slicks for about two weeks of treatment to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the upper part of the body photographs, obiopi photographs, and diagnostic reports;

1. Relevant legal provisions of the Criminal Act concerning facts constituting an offense, the main sentence of Article 144(2) and Article 144(1) and Article 136(1) of the Criminal Act concerning the selection of punishment (the point of causing injury or injury to interfere with the performance of special duties), Article 46(2)2 of the Guarantee of Automobile Compensation Act and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating automobiles which are not mandatory insurance and the choice of imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggregated to the extent that the punishment is aggregated with the long-term punishment of the above two crimes];

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing criteria;

(a) Crimes of causing bodily harm to the performance of special duties (the scope of punishment recommended) shall be the basic area (two years to four years).

(b) Scope of punishment revised according to the guidelines for handling multiple crimes: Imprisonment; and

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