특수공무집행방해치상
Defendant shall be punished by imprisonment for a term of one year and six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On April 4, 2016, around 08:00, the Defendant driving a cchip car in violation of the signal at the intersection of the “copulol polyolol” located in Sungnam-si, Sungnam-si, by 1, and was controlling the violation of traffic signal to the victim E ( South, 51 years old) who is the police officer of the subcommittee police station D and the police officer belonging to the police station.
The Defendant, who received a demand from E to present the driver’s license, did not violate the signal, and tried to operate the said vehicle by the police officer. The Defendant: (a) transferred the said vehicle, which is a dangerous object to prevent the Defendant from moving to the front side of the vehicle; (b) took the left side of E with the front side of the left side of the vehicle; (c) took the front side of the bridge with the front side of the left side, and (d) took over the floor, thereby causing injury to E, such as salt, tension, etc. requiring approximately two weeks of medical treatment.
Accordingly, the defendant carried dangerous objects and interfered with legitimate performance of duties of police officers E in traffic control, and thereby suffered injury to E.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against the victim;
1. A report on the occurrence of a crime (Obstruction of the performance of special official duties), an investigation report, or an investigation report;
1. A photo of the damaged part;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate (2 states);
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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing has been repeated for a favorable reason):
1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;
2. Application of the sentencing criteria [the type of decision] The type 1 (Bodily Injury resulting from Interference with Special Official Duties) (Special Sentencing) (Specially Sentencing Persons): The elements of mitigation of punishment are not punishable (including serious efforts to recover damage): imprisonment with labor for a year and six months.