logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.05.15 2015고합56
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 January 23, 2015, while driving a D car with drinking alcohol around 22:10 and driving it, the Defendant was subject to drinking control to the victim E (20 years of age) who is an auxiliary police officer belonging to the Gwangju Northern Police Station, who was under the control of drinking driving at the above site, while driving the D car in front of the modern hospital that is being dead in Gwangju Northern-gu, Gwangju.

The Defendant was asked to stop and get off a vehicle in order to confirm the correct drinking by drinking, and the Defendant continued to drive the vehicle, despite the fact that the victim's right hand hand is coming into the vehicle through open windows of the driver's seat, in order to avoid drinking control.

As a result, the defendant carried dangerous objects and interfered with police officers' legitimate execution of their duties on drinking control, resulting in the victim's life in the right completion in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A criminal investigation report (attached documents, such as a medical certificate);

1. Statement of opinion;

1. Application of each statute on photographs;

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. Reasons for the sentencing of Article 62(1) of the Criminal Act (the second sentence being more favorable among the reasons for sentencing) (the second sentence) for the suspension of performance of official duties (the second sentence) for the reason for the sentencing of Article 62(1) of the Criminal Act: The elements for mitigation of punishment [the person causing special obstruction of official duties] [including efforts to recover damage] for the mitigation area] [the decision on the recommendation area] [the decision on the mitigation area] for the mitigation area [the decision on the recommendation area] for one year and six months to three years [the decision on the sentence] for one year and six months [the decision on the sentence] for one year and six months] for the suspension of execution, the police officer who controlled the drinking driving while the defendant was working at the train, but did not comply with the order, thereby causing injury to the police officer who is performing official duties while driving at the train.

arrow