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(영문) 대구지방법원 2019.01.11 2018고합502

특수공무집행방해치상

Text

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

However, 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 October 7, 2018, the Defendant: (a) driven B rocketing car while under the influence of alcohol on October 7, 2018; (b) discovered that the vehicle was under the influence of drinking driving at the Daegu Middle-gu Police Station while driving a road near the 2237 Espherb in Daegu Jung-gu. In order to avoid this, the Defendant passed the vehicle at the front section of the Daegu Middle-gu Police Station; (c) requested the victim C (51 years old) (the circumstances in which the said police station controlled drinking driving) to stop the vehicle at the same time, who is the victim of the said police station, who was under the control of drinking driving.

Accordingly, the Defendant driven a car to flee, while driving the car, brought a signal to the front part of the car, which is a dangerous object, and got knee of the victim, and suffered bodily injury, such as knee, knee, knee, knee, knee, knee, knee, knee, etc. in need of medical treatment for about three weeks.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving, thereby causing the injury of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Two copies of a medical certificate;

1. Report on the occurrence of a case causing the injury resulting from a special obstruction of performance of official duties, three copies of the upper upper part photograph, ten photographs of a black stuff, and a report on the results of investigation;

1. A report on internal investigation (re-verification of detailed C images of the upper part of the C and the identification number of the suspected vehicle);

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment, such as a suspect's specification, attachment of video data on studs of taxi vehicles, and a certificate of injury C in the process);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. The scope of recommendations on the sentencing criteria (the decision of type) shall be stipulated in the first category of punishment resulting from obstruction of the performance of official duties.