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(영문) 대전지방법원 2016.06.17 2016고합127

특수공무집행방해치상등

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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 11, 2016, the Defendant did not obtain a driver’s license of a motor vehicle on January 23:13, 2016, and was demanded from the victim D (19 tax) by the victim auxiliary police who is under the control of drinking, while driving the C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

The Defendant, while the victim was able to catch the window part of the driving seat with the left hand and prevented the front of the driver’s seat by using a signal rod, was assaulted by the Defendant, by accelerating the string of the string vehicle, which is a dangerous object to avoid the crackdown on driving without a license and driving of alcohol, so that the victim gets 4 meters away from the vehicle, making the body kid by the speed of the vehicle, making the string part of the string part go against the vehicle.

As a result, the defendant carried dangerous articles and interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes, and caused the victim to receive approximately two weeks of medical treatment in the right side and the pelvis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Report on the occurrence of a traffic accident (the injury or injury caused by a third party), and each photograph;

1. The driver's license ledger and the driver's license ledger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, the main sentence of Article 144(2), Articles 144(1), 136(1) (a) of the Criminal Act concerning the selection of punishment (aggravated injury or injury caused by interference with the performance of special duties), and Articles 152 subparag. 1 and 43 of the Road Traffic Act (a non-licensed driving, a choice of imprisonment with prison labor);

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 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. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).