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(영문) 창원지방법원 2014.07.24 2014고합142
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

Punishment of the crime

At around 22:40 on March 21, 2014, the Defendant, while running a C EcooS car, was working on the roads of Samsung Home Poscoo, Jin-si, Jin-si, Kimhae-si, and was working on the roads of Samsung Home Poscoo in order to control drinking driving on the roads of Samsung Home Poscoo-si, Jin-si, Jin-si, and was found to be under drinking driving at the request of the victim E.

Therefore, although the victim was even attached to the left side of the above Ecoos car operated by the defendant, the defendant set up the hand of the above car to the left side and set up the car rapidly to the left side and the right edge of the victim's right at front of the left side of the car.

The Defendant carried a vehicle, which is a dangerous object, obstructed the legitimate performance of official duties for the victim's drinking control, who is an auxiliary police officer, and thereby suffered from the victim's alley 2, 3 metreshion, which requires treatment for about six weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, G, and H;

1. A medical certificate of injury, and photographs such as victim’s name;

1. A certificate of confirmation of the previous police service;

1. A report on the occurrence of a traffic accident, a photograph, a vehicle photograph, and a survey report on the actual condition;

1. Application of the Acts and subordinate statutes for investigation reporting;

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 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Application of the sentencing criteria [Determination of type] for the obstruction of performance of official duties: Type 1 (Bodily Harm resulting from Obstruction of Public Duties) (Special Obstruction of Official Duties): Reduction element: Reduction element (including serious efforts for recovery of damage): In cases where serious injury has occurred (the scope of recommendation area and recommendation range), basic area, two years or four years; or

2. Determination of sentence: Imprisonment with prison labor for not more than two years and probationary three years;

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