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(영문) 울산지방법원 2017.11.10 2017고합281

특수공무집행방해치상등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 13, 2017, the Defendant was demanded to stop from E in the circumstances in which the police department of Ulsan-dong Police Station D located in Ulsan-dong, Ulsan-dong, where the Defendant was driving CVL125cc in the vicinity of the Home Packer, located in Ulsan-dong-dong, Ulsan-gu, Seoul-gu, Seoul-do, on the street of 637 CVL125cc.

However, the Defendant, without complying with the demand for stopping, attempted to flee by driving the Ortoba while driving it, and, in order to prevent the Defendant, the Victim F (34 tax) who was a police officer belonging to the same fraternity, who was on the front bank, was punished by both arms, and the Defendant’s life, stop, and stop.

The term "" was called.

Nevertheless, the Defendant, who is a dangerous object, proceeded with the above part of the upper part of the victim's chest with the part of the hand, and caused the victim to suffer bodily injury, such as external wound, which is the right hand, and the right hand, which needs to be treated for about three weeks, while going beyond the floor.

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

2. The Defendant interfered with the performance of special official duties, as described in Paragraph 1 of the above day-to-day, was flick F in 10 meters from the above place, at approximately 20 meters from the above place, and the slope G belonging to the D department of the Ulsan-dong Police Station D, Ulsan-si, Seoul-do, would threaten the Defendant to stop away from the Defendant’s escape route and continue to proceed with the sto-in specified in Paragraph 1, which is a dangerous object, and would compromise G as it is.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties concerning the crackdown on driving of alcohol in slope G.

3. The Defendant, in violation of the Road Traffic Act (drinking driving), driven the urbane listed in paragraph (1) while under the influence of alcohol 0.137% in blood at the time and place described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Protocols of seizure;