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(영문) 창원지방법원 2014.11.13 2014고합135
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

The Defendant stated in the indictment on May 5, 2014 as “.............” However, this appears to be a clerical error in “ May 5, 2014,” and the Defendant also recognized it, and the Defendant does not have any risk of causing a substantial disadvantage to the Defendant’s exercise of the right of defense, thereby correcting it ex officio.

23:25 At around 25, Kimhae-si, the driver of the Gyeongnam National Police Agency H, who was working for drinking control, was demanded to comply with the drinking control while driving G spoke on the front of the F cafeteria in front of the F cafeteria in Kimhae-si.

The Defendant, upon I’s request, breathdd in a drinking reduction machine, and the Defendant, at the sobreath in a drinking reduction machine, tried to flee with a sound showing the reaction of drinking, and forced the said vehicle to suddenly and shock the I’s losses on the window of the vehicle, and proceeded with the vehicle beyond the floor.

As a result, the defendant carried dangerous articles and interfered with legitimate execution of duties by police officers on the crackdown on drinking driving of police officers, and thereby, he suffered injury such as the part of arms and trees requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement against J, I,K, L, and M;

1. A medical certificate;

1. Each photograph;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

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. Grounds for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Type 1 (Special Mitigation Causing Harm resulting from Obstruction of Public Duties) (including serious efforts to recover damage), the area of mitigation (including the area of recommendation and the scope of recommendation), the area of mitigation, one year and six months to three years; and

2. Determination of sentence: Imprisonment with prison labor for a period of two years, and the crime of this case for a period of three years under a suspended sentence shall be deemed to be a drunk driving as a result of inserting the whole of the defendant into drinking.

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