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(영문) 의정부지방법원 2013.04.05 2012고합659
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 00:10 on July 5, 2012, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, at around 00:10, the 15km of the D Abdo-Eup Do-ro car from the Tyang-si Do-si Do-Si, Namyang-si Do-si, without a driver’s license.

2. On July 5, 2012, at around 00:10, the Defendant: (a) searched the vicinity of the passenger car in front of the Namyang-si, a non-licensed driver was reported to operate the D Abdo in a drinking condition; and (b) was inspected by F of the police box that discovered the Defendant’s operation of the said Abdo motor vehicle, and F of the police box that discovered the Ebdo motor vehicle; (c) while driving the said vehicle, the Defendant obstructed the police officer’s legitimate performance of duties concerning the inspection by making the victim F (51 years of age), who was carrying the said part of the first window of the above Abdo motor vehicle, go beyond its floor, thereby interfering with the police officer’s legitimate performance of duties concerning the inspection; (d) at the same time, the victim was faced with the reflection and string of the left knee, left blue, with the victim’

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of witness F in the second protocol of the trial;

1. Examination protocol of the accused by prosecution;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes governing body photographs;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 136 (1) of the Criminal Act, and Articles 262 and 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of bodily injury by violence, and punishment imposed on the crimes of causing serious violence);

1. Selection of each sentence of imprisonment;

1. Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act by aggravation of concurrent crimes (within the scope of the sum of the long-term punishments for the crimes of violation of the Road Traffic Act and the bodily injury resulting from violence) of the same Act;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for a suspended sentence”), which is favorable to the following reasons:

1. Social service order under the Criminal Act;

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