logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.06.09 2015고단677
특수공무집행방해등
Text

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

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

Reasons

Criminal facts

1. On February 23, 2015, the Defendant of special obstruction of performance of official duties driving driving, driving a PC car in front of the “D” passenger car in the Kimhae-si Kimhae-si, moving back the road to the front of the outer Dong-dong apartment entrance room from the outside-dong shooting distance room. Despite the fact that the police officer F, who was under the control of drunk driving, was under the control of drunk driving, was going to the front of the police station E zone belonging to Kimhae-gu Police Station E zone, and was able to take a signal box on the left hand, and make a stop signal, it was obvious that the above car B, which is a dangerous object to avoid control, proceeds the car F and then did not cut off F’s hand if the F did not take back his hand behind the signal sealing.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties concerning F's traffic control.

2. Violation of the Road Traffic Act (In a case where the Defendant escaped as above at the above time and at the above place, and went away without immediately stopping the backer of the Hlearning car owned by G, which was stopped in the right door of the Defendant’s vehicle, and thereby damaging KRW 331,778 of the repair cost to the backer, etc. of the said Hlearning car, and without taking necessary measures.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report;

1. Application of the written estimate statutes;

1. Article 144 (1) and Article 136 (1) of the Criminal Act related to the crime, Articles 148 and 54 (1) of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for the sentencing of Article 62(1) of the Criminal Code of the suspended sentence [Scope of Recommendation] - The area of aggravation of the performance of official duties (a period of one to four years) - The compliance with the lowest limit is observed only (a person under special circumstances) - the threat of group or multiple force or carrying dangerous things (a decision of sentence ] 8 months, the fact that the police officer of the suspended sentence 2 years did not face an injury, the fact that the police officer of the suspended sentence 2 years is not in the location of the injury, and the first crime.

arrow