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(영문) 창원지방법원 2016.10.06 2016고합129
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 May 4, 2016, the Defendant, around the window C road at Changwon-si, around 10:25 on May 4, 2016, when the Defendant was discovered to H for the purpose of wearing the safety belt, the victim of the Gyeongnam Provincial Police Agency E, the Gyeongnam Provincial Police Agency, for the purpose of moving to the safety belt, and the Defendant expressed to H the “whether the breath is not going to go to go, whether the breath’s name is not left to go to go, or not to go to go to the bitch,” and expressed the bit of a bitch.

When the Defendant continued to notify the Defendant that the victim would record the Defendant’s bath theory as above, the Defendant released the Defendant’s driver’s license, which was cited by G, as well as the pertinent car, which is a dangerous object, to the right edge of the victim with the rear wheels of the vehicle.

As a result, the defendant carried dangerous objects and interfered with the legitimate performance of duties by police officers concerning traffic control, and at the same time, the victim suffered injury such as the right-hand sprinke, which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. The application of Acts and subordinate statutes to express opinions and investigation reports (with respect to failure to prepare a written appraisal commission);

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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Basic area (two years to four years) of the sentencing criteria shall apply (the scope of recommending punishment).

3. The crime of this case committed by the defendant, which is a dangerous thing in the course of flight control by police officers, is committed against the victimized police officers in the course of flight control and escape, and is in the nature of the crime.

However, the defendant recognizes the crime of this case.

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