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(영문) 창원지방법원 2014.12.18 2014고합230
특수공무집행방해치상
Text

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

Reasons

Punishment of the crime

At around 22:40 on September 19, 2014, the Defendant: (a) requested a drinking test from the F-Wroat G (the age of 37) affiliated with the traffic control department of the Changwon Police Station in the Changwon Police Station; (b) led G to a decrease in drinking condition; and (c) led G to a demand from the vehicle to lower the vehicle from G, without disregarding the lower demand, proceed with H the car as it is, while driving the car in the Hmec, without disregarding the lower demand, by driving the G, which was listed on the bottom side of the above vehicle even with the shape of the vehicle and put about approximately 300 meters in the inner seat of the driver’s seat.

As a result, the defendant carried dangerous objects and interfered with police officers' legitimate performance of duties concerning the crackdown on drinking driving of alcohol, thereby resulting in injury to the victim G, such as Dam chlorate that requires medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The police statement concerning G;

1. A report on the occurrence of a disaster and a statement of the enemy;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Type 1 (Bodily Injury resulting from Obstruction of Public Duties) (the scope of the area of recommendation and recommendation), basic area (the scope of the size of recommendation and recommendation), two years to four years; and

2. Determination of sentence: The crime of this case committed by the defendant in one year and six months of imprisonment is a case in which the police officer neglected his subordinate demand in order to detect the situation of the person who was found to have been requested to get out of the police so that he could get out of the situation, and thereby, the victim was injured while escaping about 300 meters at all, and thus, the quality of the crime is not high in itself and its danger is high, and in the case of the special obstruction of performance of official duties, the legitimate exercise of public authority is prevented and the serious

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