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(영문) 수원지방법원 2020.10.15 2019고합648

특수공무집행방해치상등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 300,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 8, 2019, the Defendant injured by the obstruction of special performance of official duties, on the three-lane roads in front of the C B B B B B B of the C B B B B B, driving DNA, and driving in line with the traffic signal three-lanes from the calphalphalphalphalphalp slope, in which the Defendant was exposed to the police station of the Csung Dong-dong Police Station where the Defendant was working for traffic control at the same place and was asked to stop the above calphal, it would be difficult to detect the non-licensed driving even if he was asked to stop the above calphal, and thereby, the Defendant sustained the injury, such as the complete calp, etc. in need of approximately two-day medical treatment.

As a result, the defendant carried dangerous objects and interfered with the police officer's legitimate performance of duties concerning traffic control and prevention of danger and injury, and thereby, the defendant suffered injury to the police officer.

2. Around September 17:15, 2019, the Defendant driving a Datobba without obtaining a motorcycle driver’s license from the front side of the delivery agency office of “G” located in the F in the U.S., to the front side of the B in the ethic City.

Summary of Evidence

1. Application of the protocol of seizure of the suspect interrogation protocol of the defendant concerning the defendant's partial statement E by the court, the protocol of seizure of the suspect interrogation protocol of the prosecutor's office, the actual condition investigation report on the occurrence of traffic accidents, the driver's license register, the certificate of injury in the internal investigation and the CCTV image-faging examination report, the

1. Relevant provisions of the Criminal Act and Articles 144(2) and (1), 136(1) of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 154 subparag. 2 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Determination of Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation.