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(영문) 대구지방법원 의성지원 2018.02.13 2017고합28
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On November 30, 2017, at around 13:55, the Defendant: (a) obstructed the central line at the front of the Sung-gun's Sung-gun's Seongbuk-gun's Sung-gun's Seongbuk-gun's Seongbuk-gu 228, and operated C QM5 motor vehicles, and (b) controlled traffic and received a penalty payment notification.

The Defendant: (a) laid off the above QM5 car; (b) 14:00 meters away from the border of the same police station; (c) 200 meters away from the F patrol car driven by E, a superintendent of the same police station; and (d) 14:07 of the same day, the Defendant got off the front part of the Defendant’s vehicle at the front part of the branch of the same Eupn NA, the 6th of the same Eupn Seoul Special Metropolitan City, in front of the 14:07, the part of the front part of the Defendant’s vehicle in front of the Defendant’s vehicle; (d) thereby, the Defendant suffered injury to the police officer in need of medical treatment for the said 14-day period; and (e) damaged the said police officer in total amount of KRW 2,465,890, including the back of the patrol car exchange, etc.

Accordingly, the defendant, as a dangerous object, damaged police officers by interfering with legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes, and damaged patrol cars used by public offices by carrying dangerous objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to a report on internal investigation ( intentional drilling and CCTV image attachment), report on internal investigation (cases of attachment of a written diagnosis of injury) and report on investigation (record of suspect vehicle);

1. The former part of Article 144(2) and Articles 144(1) and 136(1) (a) of the Criminal Act concerning the crime in question; Articles 144(1) and 141(1) (a) of the Criminal Act concerning the crime in question;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a police officer D who has been sentenced to heavier punishment and punishment)

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The range of applicable sentences: Imprisonment for a term of three years to thirty years.

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