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(영문) 춘천지방법원 2018.04.13 2017고합104
특수공무집행방해치상
Text

The punishment of the accused shall be two years of imprisonment.

However, the above sentence shall be executed for three years from the date of the final judgment.

Reasons

Punishment of the crime

On October 12, 2017, the Defendant: (a) 00:30 on the road in front of the “small sand shed,” located at 515-19, tin, and (b) on the road in front of the “small sand shed,” under the influence of alcohol, the Defendant was required to conduct a drinking test from the victim E (bee 30 years of age) who was a policeman belonging to the D District of the Chuncheon Police Station D, which controlled drinking at the same time, and conducted a drinking test; and (c) as a result of the drinking test, the Defendant confirmed that the drinking was confirmed, the Defendant started the speed ped and started the speed ped and started the driving seat car, which was filled with the driver’s seat window, which was filled with a drinking reduction machine.

As a result, the defendant carried a dangerous object, thereby hindering the police officer's legitimate performance of duties in relation to the prevention, suppression and investigation of crimes, and thereby, was sprinked with the victim about two weeks of treatment, such as the following arms and others and the detailed parts of the body.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes on inquiry of facts, replys to inquiries, and photographs of injury;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended punishment according to the sentencing guidelines: Two to four years (basic area) (the basic area] shall interfere with the performance of public duties, and the type of one (the injury or injury caused by special disturbance of public duties) shall be caused by the obstruction of the performance of public duties;

2. Whether the case constitutes the criteria for suspension of execution (general circumstances) - There is no criminal record of suspension of execution or more;

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