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(영문) 인천지방법원 부천지원 2014.06.13 2014고합50
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 March 18, 2014, 00:52 around 00:52, the Defendant driven a 19-way road of 265 U.S. in Seocheon-gu, Seocheon-si, by driving a vehicle of 19 U.S. in front of 265 U.S., and is driving on the effisturging side at the effisturg in the effisturg., the Defendant demanded a drinking test from the flag D (29 years of age) belonging to the traffic safety department of the Busan, U.S. Police Station, which regulates drunk driving at the effurg, and stopped temporarily, and opened a window of the above vehicle of flag and put D into the breath in the flag with the smoking reduction machine.

At this time, when it is anticipated that the Defendant would be punished for drinking driving due to a breath of drinking, the Defendant was able to respond to the sobreath test as above, and when D was unable to cut off his arms out of the window of a car, the Defendant immediately closed the window of the driver’s seat and immediately released a car, which is a dangerous object, and moved the car, which is a dangerous object, led about about 5 to 10 meters to the inside of the window of the driver’s seat and led up to the volume of approximately 5 to 10 meters.

As a result, the Defendant assaulted police officers D who are performing legitimate official duties concerning the crackdown on drinking driving by using a dangerous object, thereby hindering D from performing official duties, and thereby resulting in the occurrence of a variety of diversified photographs that require D treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A medical certificate;

1. Each photograph (Nos. 4, 6, 13, and 18 in the list of evidence);

1. Application of Acts and subordinate statutes to each investigation report (No. 3, 12, and 17)

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. The sentencing criteria shall be based on; and

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