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(영문) 대구지방법원 서부지원 2015.11.12 2015고합125
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

On June 22, 2015, at around 16:10, the Defendant, without wearing a safety cap, driven E 125C, which is owned by the Defendant, with driving a motor vehicle on the front side of the “Dcafeteria” located in the Daegu Western-gu C, Daegu-gu, and continued to drive a motor vehicle on the four-distance-distance side of the city.

At this point, G of the police box of the Seongbuk Police Station, which has carried out traffic control, discovered the defendant who escaped from the control as it is, and controlled the defendant, sent a stop signal at the front of the defendant's stong in order to prevent and control the defendant.

In order to avoid this and escape, the Defendant continued as it is at the speed of the above Otoba, and even though the above G avoided the collision, the Defendant continued to receive the above Otoba, etc., and the Defendant toward the Defendant, the Defendant continued to keep the victim more than 10 meters away from the Otoba, while continuing to keep the balance.

As a result, the Defendant carried dangerous objects and interfered with the legitimate execution of duties in relation to traffic control of the above G, and thereby, the Defendant suffered from the above G 7-day cage cages to the right side in need of five weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement to H, I, and J;

1. Each police statement concerning G;

1. Application of Acts and subordinate statutes to internal investigation reports, each investigation report (to listen to the statement of reference witnesses, hearing of Lphones, attaching medical records), field map, victim and stoba photo, stowing, a copy of the post of police box, a copy of a medical record record certificate, a medical certificate (Evidence No. 65), and a copy of a public official certificate;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as “the grounds for discretionary mitigation”);

1. Article 62(1) of the Criminal Act of the Suspension of Execution (hereinafter referred to as “the grounds for the suspension of execution”)

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. Legal provisions;

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