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.

Punishment of the crime

피고인은 2020. 2. 2. 20:25경 평택시 B에 있는 C편의점 앞 노상에서 교통사고 신고를 받고 출동한 평택경찰서 D지구대 소속 경찰관인 피해자 E(남, 31세)로부터 자신의 벌금수배 사실이 발각되자 검거를 모면하기 위해 도주하려 하였고, 이에 피해자가 도주를 제지하기 위해 오토바이를 잡았으나 이를 무시한 채 오토바이 속도를 높여 달리는 방법으로 피해자를 바닥에 나뒹굴게 하였다.

Accordingly, the defendant assaulted the victim, who is a police officer in charge of performing his duties by carrying dangerous things, and caused the victim to be injured by the knife and the knife and the knife in need of treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A written statement;

1. A photograph of the damaged part of the victim, a report on investigation (Attachment of patrols and video images), and a video photographer;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the punishment of recommendation] the scope of the punishment of obstruction of the performance of official duties [the category 1] No person causing a death or injury resulting from a special obstruction of public duties [the scope of the punishment of recommendation and recommendation] [the scope of the punishment of special obstruction of the performance of official duties], the basic area of the punishment, two to four years of imprisonment [the scope of the punishment of recommendation]

3. According to the decision of sentence, the sentence shall be determined as ordered by comprehensively taking into account the following circumstances and the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various factors of sentencing as shown in the arguments in this case, including the circumstances after the crime.

The defendant tried to flee to escape when a fine is discovered from the victim, who is a police officer, in order to escape from arrest.