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(영문) 창원지방법원 2018.02.20 2018고합7
특수공무집행방해치상등
Text

Defendant shall be punished by imprisonment with prison labor for two years and by a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 21, 2017, the Defendant: (a) driven the E-to-land without obtaining a motor device license within approximately 300 meters from the 300-meter radius from the Sungsan-gu, Sungwon-si road to the front road of the same Gu, Sungwon-si; (b) on July 21, 2017.

2. The Defendant: (a) was on July 21, 2017, on the ground that the Defendant, at around 19:20 on July 21, 201, was in control of traffic on the front side of the Seongbuk-gu, Sungwon-gu, Sungwon-gu; (b) on the ground that he did not wear a fitness on the ground that he did not wear a fitness from the victim G (the age 29) who is a police officer belonging to the police officer assigned to the Changwon-gu

E It was required to present the E-to-beop vehicles and driving licenses.

The Defendant demanded several times that the driver's license was suspended, and rejected the notification of the personal information, and had the victim go beyond the floor by drinking the victim's damage who was in front of the Otoba, driving the Otoba, driving the Otoba, driving the Otoba, and driving the damaged person in front of the Otoba, and accelerating him.

As a result, the defendant carried a dangerous object, interfered with the legitimate execution of duties by police officers on traffic control, and the victim suffered multiple scams and checks that require medical treatment for about 14 days.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement related to G;

1. A report on internal investigation;

1. A report on the arrest of the relevant person by a fine;

1. Application of Acts and subordinate statutes to police officers in charge of photographs, dives and boom photographs, diagnostic documents for injuries, and registers of driver's licenses to police officers;

1. Relevant Article of the Criminal Act concerning the crime, Articles 144(2) and (1) of the Criminal Act concerning the choice of punishment, Articles 136(1) (a) of the Criminal Act concerning the crime, and Articles 154 Subparag. 2 and 43 of the Road Traffic Act concerning the operation of a motor device without a license, and the selection of fines);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Articles 53 and 55(1)3 (limited to imprisonment) of the Criminal Act (limited to imprisonment) of the Act on the Mitigation of Small Quantity and Article 55(1)3 of the Criminal Act are favorable for the following reasons.

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