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(영문) 춘천지방법원 원주지원 2016.11.23 2016고합70
특수공무집행방해치상등
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

At around 21:20 on August 26, 2016, the Defendant, while driving a CBa car and driving the CBa car on a three-distance front of the CBari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Therefore, the victim demanded the defendant to stop several times by using the F vehicle, which is the patrol vehicle, and the defendant was stopped by using the patrol vehicle in front of the three-distance distance of the excursion apartment 117, the Hanju-ro, the Hanju-ro, the Hanju-ro, the 21:23 on the same day. However, the defendant was not stopped, and the part that was behind the patrol vehicle was cut off by the front part of the said patrol vehicle.

As a result, the Defendant assaulted the victim who is a police officer using the above Bana car, which is a dangerous object, and interfered with his legitimate execution of duties, and thereby, caused the victim to suffer the salt and tensions that require treatment for about two weeks. At the same time, the Defendant damaged the above patrol car, which is a public object, about KRW 461,492 for repairing the said patrol car.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the Act and subordinate statutes to a written diagnosis (E, G Council member, and written estimate of insurance repair expenses;

1. The main sentence of Article 144(2) and (1), Article 136(1) (a) of the Criminal Act concerning the crime in question, and Article 141(1) (a) of the Criminal Act concerning the crime in question;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of causing serious injury to a special obstruction of performance of official duties);

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. Probation and community service order under Article 62-2 (1) of the Criminal Act;

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