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(영문) 서울동부지방법원 2015.07.16 2015고합128
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2, 2015, around 14:00, the Defendant was required to drive the 125CC Unregistered Orala on the 135 Scopon-Road, Songpa-gu, Songpa-gu, Seoul Olympic Games, and was controlled by police officers D, etc. belonging to the Seoul exists and unloaded from the above Orala.

Nevertheless, the defendant refused to comply with it and allowed the above D, which is knife the above Oral knife to stop the defendant's escape by departing the Oral knife, to attract about 10 meters to the Oral knife, and to go beyond the road floor.

Accordingly, the defendant, carrying dangerous objects, obstructed the police officer's legitimate execution of duties concerning traffic control and the prevention of traffic danger, and thereby, he suffered multiple scamblings that require D treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A medical certificate;

1. Notification to the department related to the 112 case report, notification on the scheduled launch of a non-registered wheels vehicle, and the application of Acts and subordinate statutes governing an offender exposure;

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

1. Mitigation of discretionary mitigation under Articles 53 and 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 grounds for sentencing that are advantageous to the following)

1. From six months to fifteen years of imprisonment with prison labor for a prison labor within the scope of punishment by law;

2. Scope of recommendations on the sentencing criteria: two to four years: and four years; and

3. The crime of this case by the sentence of sentence was committed by the police officer who neglected the direction of the police officer demanding a stop in order to crack down the unregistered error operated by the defendant, and proceeded as it is about to flee, and thus, he was injured by the police officer who was knife and knife by hand.

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