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(영문) 창원지방법원 통영지원 2017.01.13 2016고단1816
특수공무집행방해등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 8, 2016, the Defendant interfered with the performance of special official duties, when crossing the D pharmacy located in C without permission on the front of the D pharmacy located in C on September 11:20, 2016, and was demanded to present an identification card, and escaped as it is after getting into the Defendant’s possession of the Franchising, which was demanded to move the car. Accordingly, even though a slope G belonging to the Sachi Police Station scams down the vehicle and obstructed the front of the Defendant’s driver’s vehicle, the Defendant did not stop the said vehicle, which is a dangerous object, without stopping the said vehicle, and shocked knee by driving the said police officer.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate performance of duties by police officers on the maintenance of traffic order.

2. In the time, at the place specified in paragraph 1, the Defendant instructed the victim G (46 years old) who is the police official at the above police station, from the direction of the car, and then brought an injury to the Defendant, while taking a bath to the above police officer, he saw the blap, blaping the blap, blaping the blap, and plucking the blap, which requires treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (the point of obstructing the performance of official duties carrying dangerous articles), Article 257(1) of the Criminal Act, and the choice of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant’s use of vehicle against a police officer in charge of performing official duties by exercising violence and causing injury, and

However, the defendant sought a letter to the damaged police officer and agreed that the damaged police officer wanted to take the defendant's seat, and the defendant's seat.

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