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(영문) 청주지방법원 2018.09.21 2018고합121
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of a sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 5, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) operated the DamM5 car from the front parking lot of about 101 to the road of about 200 meters adjacent “goldcheon Hyundai Apartment” from the front parking lot of about 101 to the road of about 337 o-gil-ro, a ancient apartment among the Cheongju-si considerable area of the Cheongju-si, without obtaining a driver’s license around 16:0.

2. On May 5, 2018, the Defendant injured by interfering with the performance of special duties: (a) around 16:05.

1. The “PDA vehicle inquiry” in paragraph (1) was under duty while waiting for a vehicle to drive the vehicle as above, and became under control by means of the “PDA vehicle inquiry,” etc., the Defendant’sless driving of the vehicle was under control from the background F (51 tax) belonging to the E District of the Cheongbuk-gu Police Station corresponding to the Chungcheongbuk-gu Police Station.

Therefore, the Defendant had concerns over being subject to aggravated punishment due to the previous force of punishment, such as drinking and non-licenseless driving, etc., and, in order to avoid regulation, the Defendant attempted to drive the f at the lower demand without complying with F’s request and carried out F on the Bows, which is a dangerous object, and continued to open a car door to drive the F 20 meters higher than that of the said car door.

Accordingly, the Defendant, by carrying dangerous objects and assaulting F of a police officer F, interfered with legitimate performance of duties in relation to the prevention and suppression of a crime, thereby causing injury to F of a police officer, such as “knee-free knee-geling,” which requires approximately two weeks medical treatment.

Summary of Evidence

The application of the law of the vehicle driver's license ledger to the defendant's legal statement F and the police statement protocol against G by the defendant's arrest image CD damage

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Articles 144(2) and (1), 136 of the Criminal Act concerning the selection of punishment (the point of causing interference with the performance of public duties carrying dangerous articles), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license, and the choice of imprisonment);

2. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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