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(영문) 제주지방법원 2014.10.23 2014고합161
특수공무집행방해치상
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

Criminal facts

On August 12, 2014, around 16:35, the Defendant was driving a Croping car on the Aroping intersection in the Aroping intersection in the Asia-dong, the Defendant was found to have failed to wear a safety level E on the side while driving the Croping vehicle on the D Zone of the Jeju East Police Station, which was under traffic control.

피고인은 E으로부터 운전면허증을 제시하여 달라는 요구를 받자, "안전벨트를 맸잖아. 너가 경찰이냐 "라고 하면서 운전석 유리창문을 올리고 면허증 제시요구에 계속 불응하였다.

Accordingly, the defect that E intends to move to the left side of the above vehicle and confirm the defendant's face, the Ag self-employed vehicle is operated in the future, and the E's right knee knee knee knee knee kne kne kne kne part of the above vehicle was stopped, but the front kne kne on the left side of the above vehicle was kne kne kneed after diving.

As a result, the defendant carried dangerous objects and interfered with the legitimate performance of duties by the traffic control police officer, and led the damaged police officer to be on the left-hand side, which requires medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Each statement prepared by the F;

1. Reporting on arrest of a suspect, reporting on each investigation, and investigation report (report on telephone recording of a victim E);

1. A medical certificate, the register of automobiles;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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

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

3. Article 62 (1) of the Criminal Act on probation;

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

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. Application of the sentencing criteria [Scope of Recommendation] The basic area (two years or more to four years of imprisonment) of category 1 (Bodily Injury or Injury resulting from Obstruction of Public Duties) shall be nonexistent.

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