beta
(영문) 청주지방법원 충주지원 2016.09.22 2016고합40

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

At around 02:30 on June 26, 2016, the Defendant discovered a police station that controls drinking while driving a vehicle of a company bank in front of the company bank, which is located in the center of the Chungcheong City, which is an object dangerous to drinking, while driving a vehicle of the C S-Spo-type, which is an object dangerous to drinking, and went away in an opposite lane to avoid this, and the Defendant escaped, however, the Defendant was demanded to stop from the victim G, which is the F District of the Police Station of the Chungcheongbuk-gu Police Station in the front of the pharmacy located in D at the time of the Chungcheong City.

The Defendant, in order to avoid the crackdown on drinking, proceeded about about 10 meters at the speed of the victim, disregarding the demand of the victim, and driving the said vehicle at a speed of about 10 meters. However, the victim, by two descendants, fleded by the Defendant with the driver's seat and windows of the said vehicle, leading the Defendant to a rapid acceleration by taking the speed of the said vehicle on the speed of the driver's own, depending on the Defendant. Accordingly, the driver's seat of the said vehicle led the victim to the chest of the said vehicle, and the said vehicle exceeded the floor.

As a result, the defendant carried a dangerous object and obstructed the legitimate performance of duties by police officers concerning the crackdown on driving of drinking, and caused the victim's injury to the left-hand section of the main section in need of medical treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs of damaged parts, black stuff photographs, and each diagnostic report (Evidence List Nos. 7,34);

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

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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order;

1. The range of applicable sentences: Imprisonment for a year and six months from February to February 15.