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(영문) 부산지방법원동부지원 2020.12.01 2020고합164

특수공무집행방해치상등

Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and by a fine of 150,000 won.

The defendant does not pay the above fine.

Reasons

Punishment of the crime

【Criminal Power】 On October 14, 2020, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution due to special larceny in the Dong Branch of the Busan District Court. On October 22, 2020, the judgment became final and conclusive.

【Criminal Facts】

1. Around 16:00 on September 16, 2020, the Defendant driving a motor vehicle with no license plate from the “C” located in the Busan Eastdong-gu, Busan to the original intersection located in the Busan metropolitan traffic Daegu, without obtaining a motorcycle driver’s license from the section of about 1 km to the original intersection located in the Busan metropolitan traffic Daegu, the Defendant driven a motor vehicle with no license plate from the section of about 125cm without obtaining a motorcycle driver’s license.

2. On September 16, 2020, the Defendant injured by a special obstruction of performance of official duties is above the intersection of the original intersection located in the Busan metropolitan traffic Daegu, Busan Metropolitan City around September 16, 2020.

In the course of the operation of the Oral Ba as described in the port, the traffic control against the Oral Ba was made from E (W, 33 years old) by the Chief of the Maritime Police Station D, which had been controlling the traffic at the same time.

The Defendant driven a police officer as it is in order to escape without complying with the demand of the police officer to catch the right-hand side by hand and turn off the speed, and let the police officer take the right-hand side of the road, leading the above police officer more than 100 meters and leading the right-hand bridge on the road surface.

As a result, the Defendant, carrying a dangerous object, assaulted victim E, who is a police officer, interfered with police officers' legitimate execution of duties concerning traffic management and traffic control, and suffered damage to the victim's diversified character, which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Investigation report (special obstruction, etc. of the performance of official duties), investigation report (Attachment to the ledger of driver's license), photographs and diagnosis reports on E;

1. Records before and after judgments: Application of inquiries, such as criminal records, a criminal investigation report (Attachment of a written judgment), written judgments (to be attached to the Busan District Court's East Branch of the District Court, 2020 High Court's East Branch of the District Court, 247, 1

1. Criminal facts;

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