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(영문) 대구지방법원 김천지원 2013.10.11 2013고합90

특수공무집행방해치상등

Text

Defendant shall be punished by imprisonment with prison labor for a year and six months, and a fine of KRW 150,00.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 3, 2013, the Defendant, at around 21:20, driven a motor engine bicycle driver's license, driving a 125CC 125CC stob in front of the high-priced bridge in the Gu-U.S. Pyeong-dong, and discovered police officers belonging to the police station C of the former U.S. police station, which was under the influence of drinking driving, at the place where the Defendant was on the part of the Defendant, at the same time.

Accordingly, the Defendant, by threatening to be aware of the fact of driving without a license, proceeded with the Defendant’s attempt to escape from the police station, and without disregarding the instructions of the policeman D to whom the Defendant had sent a stop signal to the Defendant for the purpose of the drinking control. The Defendant, upon finding that the Defendant was in front of the above direction, sent the victim E, who was a slope belonging to the above police box, obstructed the front of the letobba and sent the stop signal again, but the Defendant, even though he did not reduce the speed of the leba, knee part of the victim’s right-less part of the victim, who was trying to escape from the danger and immediately avoid the danger, was faced with the above lebane part of the victim.

As a result, the Defendant interfered with the legitimate performance of duties concerning traffic control of the victim by using a stoba, which is a dangerous object, and caused the injury of the victim, such as the right s to the right stop, stop, salt, etc., for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on internal investigation by the police (for telephone conversations with the Franchisor);

1. Medical certificates (E);

1. Application of the Acts and subordinate statutes to the ozone layers, photographs of the upper part of the victim, and driver's license inquiry data;

1. Relevant provisions of Article 144 (2) (main sentence) and (1), Article 136 (1) of the Criminal Act concerning criminal facts, and Article 154 subparagraph 2 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act and Article 38(1)3 of the Criminal Act, since punishment for concurrent crimes (Concurrent punishment is imposed);

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation;