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(영문) 수원지방법원안산지원 2020.12.08 2020고합216

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On June 27, 2020, at around 01:55, the Defendant driven a Cbebe (BM) 520 d (hereinafter “instant vehicle”) on the road located in Sinung-si B, and escaped to the opposite lane by discovering that the Defendant was under drinking control in the front direction of the Defendant’s running, and driving the vehicle on the opposite lane, even though the Defendant was demanded to stop from the victim D ( male) at the police station belonging to Sinung-gu, which was under the influence of drinking control on the opposite lane, while disregarding the demand of the Defendant to stop on the opposite lane, the Defendant’s driving kne was kne in front of the right side of the instant vehicle.

As a result, the Defendant carried a dangerous object-related vehicle and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes, and inflicted an injury on the victim, such as slocks that require treatment for about two weeks.

Summary of Evidence

1. Application of Acts and subordinate statutes to the police's written statement of the defendant regarding D's legal statement, the police's written diagnosis and the copy of medical records;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Reasons for a suspended sentence under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing), Article 62(1) of the Criminal Act ( repeatedly considering the grounds for discretionary mitigation), probation, and Article 62-2 of the Social Services Act;

1. The scope of punishment by law: Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. The scope of recommendation according to the sentencing guidelines [decision of types] of obstruction of the performance of official duties: [No person who causes a death or injury resulting from a special obstruction of the performance of official duties] (Type 1] nor person who causes a death or injury resulting from a special obstruction of the performance of official duties [the scope of recommendation and recommendation] (the scope of recommendation field and recommendation), the basic area, two to four years of imprisonment [the person who is a general person] ( there

3. Determination of sentence: Imprisonment with prison labor for two years, suspension of execution for four years, probation and community service order for 160 hours as follows, and the age, character and behavior, career, home environment, motive and means of crime, and circumstances after committing crimes, etc.: