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(영문) 대구지방법원 2015.11.06 2015고단4038
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The defendant is a person who drives a CAR car.

At around 23:30 on July 30, 2015, the Defendant was driving the said car and entered the 265 Sampo-gu, Daegu Suwon-gu, in order to avoid the demand of the victim D (20 years of age) who is an auxiliary police officer belonging to the police station patrol team of the month where drinking control was under the influence of alcohol, the Defendant moved approximately 5 meters to the victim's arms by raising the window of the driver's seat so as to avoid this demand.

Accordingly, the defendant, using a dangerous object, interfered with the legitimate performance of official duties of police officers concerning drinking control.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. On the attachment of internal investigation reports-CtV images, etc., the application of the respective entrys in, or video-related Acts and subordinate statutes to, internal investigation reports-CtV images, etc.;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 144 (1) and 136 (1) of the Criminal Act which choose a penalty;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (amended by the Sentencing Conditions favorable to the Reasons for the Sentencing) [the scope of the sentence under the law] Imprisonment with prison labor for one month or seven years and six months [the decision of the Sentencing] [the person who has been subject to the obstruction of Performance of Official Duties] - The person who has been subject to the mitigation element (one type, one kind of serious injury), the person who has not been subject to the mitigation element (one type, one type of injury), the person who has shown the threat of multiple force or carried dangerous things (one type of harm), the person who has not been subject to the recommendation element] The basic area [the scope of the recommendation sphere] 6-1 year and four months [the person who has been subject to the suspension of execution] - the person who has not been subject to the aggravation of sentence [the person who has been subject to the suspension of execution of sentence] - the person who has shown or carried dangerous things or carried dangerous things: the person who has been subject to the deprivation of positive damage.

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