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(영문) 대전지방법원 홍성지원 2017.11.01 2016고단943 (1)

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On January 12, 2017, the Defendant was sentenced to a suspended sentence of six months for special injury, etc. at the Daejeon District Court, and the judgment was finalized on January 20, 2017. On November 17, 2016, the Defendant was sentenced to a suspended sentence of three years for a period of one year and six months, and the judgment became final and conclusive on March 25, 2017, due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Red Support of the Daejeon District Court.

[2] On December 10, 2016, around 01:49, the Defendant: (a) reported on the street in front of C in the Chungcheongnam-nam Budget Group B and sent to the site by the police officer E belonging to the D District Police Station of the budget police station to arrest F as a flagrant offender in order to arrest F with regard to the crime of injury to F; (b) whether the Defendant is a police officer;

Purpose of arrest;

짭새면 다냐

The Ba, etc.’s bath, “, etc., was carried out by hand, pushed the shoulder and chest of the above E, bat the fat, and fat the fat, and pushed the above E in front of the F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Photographs, internal report (Evidence No. 41 of the evidence list), ctv image closures related to obstruction of the performance of official duties;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on investigation (Evidence List No. 95), text of judgment, etc., written judgments, search of integrated cases, and printing out screen pictures;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Procedure Act: Provided, That the sentencing of Article 39(1) is based on the following circumstances and all the conditions of sentencing recorded in the records, including the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, and the sentence is determined as ordered.

The crime of this case is committed by obstructing the legitimate execution of duties by police officers, since the above final judgment and the relationship of concurrent crimes after Article 37 of the Criminal Act should be considered simultaneously with the case where the judgment was rendered.