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(영문) 대전지방법원 천안지원 2019.01.09 2018고합167
특수공무집행방해치상등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 on July 12, 2018, the Defendant: (a) reported that the Defendant’s operation D 130 vehicles parked in Asan City B were suspected as a motor vehicle for drinking, and (b) reported that three persons, such as the horse F, etc. belonging to the E-district of the Asia Police Station E-gu, Busan, and three persons, such as the above police station G and the head H, etc. belonging to the said police station, were forced to stop the front of the Defendant’s vehicle and make a stop from the Defendant; (b) on the road, the Defendant driven the above i30 vehicles, which are dangerous objects for the purpose of causing damage to the drinking driving, and was in front of the said 130 vehicle driving seat, and was in front of the said 130 vehicle driving.

As a result, the Defendant carried a dangerous object vehicle and interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of crimes by public officials, and thereby, damaged the patrol vehicle, which is a object used by public offices, to take around three weeks of medical treatment. At the same time, the Defendant damaged the patrol vehicle, which is a object used by public offices, to take about KRW 984,564 of the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement to J, H, F, and K;

1. Each written statement of L and M;

1. A written diagnosis, a written estimate, and a written estimate;

1. Application of Acts and subordinate statutes to photographs, CCTV images CDs, and caps;

1. Articles 144(2) and (1), 136(1) (a) of the Criminal Act applicable to the crime, and Articles 144(1) and 141(1) (a) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on the crimes causing serious bodily injury resulting from the obstruction of performance of special duties);

1. Articles 53 and 55 (1) 3 of the Discretionary Mitigation and Mitigation Criminal Act ( Taking into account the factors favorable to the following reasons for sentencing):

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

1. Determination as to the defendant and his/her defense counsel's assertion under Article 62-2 (1) of the Social Service Order Criminal Act, Article 59 of the Probation Act

1. The Defendant’s summary of the assertion is set up in the Rabro in the automobile flag.

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