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(영문) 대구지방법원 2013.04.19 2013고합23
특수공무집행방해치상
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2012, around 17:10, the Defendant was under the control of 112 patrols, who were employed in the 112 patrols, where he was scam and carried out an illegal internship by driving a leisure car before the Scambari-ri, Seocheon-gu, Seocheon-si, Seocheon-si, Seocheon-gu, Seocheon-do.

The Defendant driven without stopping the above ready-light vehicle, which is a dangerous object, such as the absence of a driver's license, in order to escape from the control of a person who is demanded to present a driver's license from the above E, and led the victim E to drive the above ready-light vehicle before the left side of the above vehicle without stopping the above ready-light vehicle.

As a result, the defendant interfered with the legitimate execution of duties by police officers on traffic control, and thereby, the victim E (the age of 30) suffered from the injury of salt in the left-hand part of the need for medical treatment for about a week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a report on investigation (specific period, such as treatment period for a Eman);

1. Article 144 (2) and (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. Imprisonment with prison labor for a period of one year and six months from six months to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Criteria for the punishment and the sentence [decision of the punishment] Crimes of obstruction of performance of official duties, Category 1 (Special Obstruction and Injury resulting from Obstruction of Public Duties) resulting from Special Obstruction of Public Duties (Special Obstruction and Injury resulting from Obstruction of Public Duties): Reduction area of punishment not [Scope of Recommendation]: One year and six months to three years;

(b) Criteria for the suspension of execution [main reasons for the suspension of execution] negative: positive cases where a dangerous article is carried: Costs of punishment (general reasons for writing): There is no serious reflectivity, or there is no criminal record of not less than a stay of execution.

3. Determination of sentence: Imprisonment with prison labor for one year and six months, and two years of suspended sentence; and

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