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(영문) 의정부지방법원 2018.07.26 2018고합160
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 the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2018, the Defendant: (a) while drinking alcohol around 19:10, the Defendant: (b) driven a vehicle in body C with C, and was set up on the road in front of D at the southyang-si; (c) the two states police stations E affiliated with the two states police stations where the Defendant was a traffic support service witnessed and continued to stop the vehicle and attempted to flee; (d) the said F stopped the vehicle in front; (c) the said F was asked to support the two states police stations; (d) the said F was able to check whether the driver’s seat window was drinking; and (e) the said F was requested by the said F to stop the vehicle in front; and (e) the said F was able to put the vehicle in front of the vehicle in order for the said F to stop driving of the vehicle, and caused the said vehicle to drive the vehicle into the window on the side of the driver’s seat.

As a result, the Defendant interfered with the legitimate performance of duties by the police officer on traffic accident investigation and drinking measurement while carrying dangerous objects, and thereby, the Defendant suffered injury such as the right slick to the right slick to be treated for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 144 (2) and (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for a period of one year and six months from one year to fifteen years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the scope of the punishment [the scope of the punishment [the scope of the punishment] shall be the mitigated area (one year and six months to three years), the mitigated area (the person who has been specially mitigated) (including the person who has made a serious effort to recover damage).

3. Determination of sentence: Imprisonment with prison labor for not less than two years, and under three years of suspended sentence, and the age, gender, of the defendant;

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