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(영문) 대구지방법원 2016.08.19 2016고합205
특수공무집행방해치상
Text

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

Reasons

Punishment of the crime

On November 6, 2015, the Defendant operated CMFW vehicles at around 07:30, and got the victim E (47) who was the circumstances leading to the seat of the D department D, Daegu Southern Police Station, where he was on duty, to stop the vehicle on the right side, during the violation of the CMF fund management, the Defendant got the victim E (47) who was the circumstances leading to the D department of the Daegu Southern Police Station D, where he was on duty.

However, the Defendant, while stopping a vehicle, escaped in the direction of the fourth four-distance as it is, and the victim was also sponsed by the Defendant on the part of the F, on the part of the Defendant, on the part of the F.

Since then, at around 07:40 on the same day, the Defendant 134 CM-ro, the CMW-ro, Daegu Nam-gu, and 102 was on the road of the 102-wing-ro, the front west-ro and the new west-ro, and was unable to drive along the static body any longer, the victim tried to set the walth to keep the walth in the front side of the Defendant, while the victim was trying to set the walth to keep the walthm in the front side of the Defendant’s vehicle. However, in this case, the Defendant walth down the walth part of the walth and the walth part, walthing the upper side of the walth vehicle, which is an object of the Defendant’s own danger,

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning traffic control by using a dangerous object, and thereby, the Defendant inflicted an injury on the victim, such as cryp, cryp, and cump of a shoulder that requires treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Written estimate and written diagnosis;

1. The application of Acts and subordinate statutes to each investigation report (as to the attachment of a photograph of the damaged part of the car, with respect to the attachment of a copy of the victim’s work place;

1. Article 144 (2) (main sentence), Article 144 (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Determination as to the defendant and his defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act (the following grounds for sentencing)

1. The defendant's main point of the argument is the performance of official duties.

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