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(영문) 창원지방법원 진주지원 2014.10.02 2014고합79
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On November 17, 2013, the Defendant driven a high-speed car at C, 21:15 on November 17, 2013, while driving a road in front of a glugial club at the seat of the Jinju City, from the jurisdiction of the Jinju Police Agency to the jurisdiction of the Jinju Police Agency E, etc., the Defendant was requested by the auxiliary police officer F to respond to a drinking test at the seat of the Jinju Police Agency, which supported the duty of drinking control such as the situation E belonging to Jinju Police Agency D, and put the respiratory into the drinking reduction machine.

The Defendant confirmed the drinking alcohol during the drinking-free period, and started the vehicle from the above F without getting off the vehicle, even though the Defendant was demanded from the above F to bring off the vehicle between the vehicle and getting off the vehicle, and the F stop the driving seat in both hands, thereby raising a sudden speed. In this case, F, who did not have an opportunity to put a hand over the above car even, led the F to approximately one meter up to the floor.

As a result, the Defendant interfered with the legitimate execution of duties of police officers with respect to assistance to the drinking control by using a dangerous object, and thereby, the Defendant suffered injury such as salt, tension, etc. for about three weeks to F.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A E-document;

1. Application of Acts and subordinate statutes of a medical certificate;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for taking into account the circumstances of the crime);

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type), obstruction of the performance of official duties, death or injury resulting from special obstruction of public duties, Type 1 (Bodily Injury resulting from Obstruction of Public Duties): Reduction elements of punishment: Reduction area of punishment (the scope of recommending punishment), mitigation area of punishment, one year and six months to three years of imprisonment.

3. Sentence;

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