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(영문) 수원지방법원 안산지원 2015.12.04 2015고합205
특수공무집행방해치상등
Text

1. The defendant shall be punished by imprisonment for a period of one year and six months;

2.Provided, That the above punishment shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On July 9, 2015, the Defendant: (a) around 09:00, the Defendant: (b) requested the presentation of identification cards regarding the crackdown on illegal dumping of waste from E (56) who is a public official of E (56) who is a public official of E (56) before his house, around 09:00; (c) carried a dangerous object, and (d) carried a fco-mor sport car owned by E (hereinafter “instant vehicle”).

After the Defendant moved back from the center of the road along which he was driving the instant vehicle, the Defendant proceeded with the instant vehicle to the victim although he was in front of the instant vehicle, and even though he prevented the Defendant from flying to the driver’s seat and the Defendant, the Defendant called “E” while driving the instant vehicle to the right edge of E with the front wheels.

As a result, the Defendant, carrying a dangerous object, assaulted E who is a public official in charge of performing duties for the control of illegal dumping of waste, resulting in the injury to a sprink, such as a sprink, which requires treatment for about two weeks.

2. The Defendant, without a license, driven the instant motor vehicle on the said date and place without a driver’s license.

Summary of Evidence

1. Partial statement of the defendant;

2. Examination protocol of the accused by prosecution;

3. Statement of the police officer to E;

4. Medical certificates and opinions.

5. A certificate of employment and a copy of work log for street cleaners;

6. Inquiry into the register of driver's licenses.

7. Application of each statute of photograph;

1. Article applicable to criminal facts;

A. The charge of obstruction of the performance of official duties by carrying dangerous articles: The indictment in Articles 144(2) and (1) and 136(1) of the Criminal Act contains omission of the main sentence of Article 144(2) of the Criminal Act, but it appears by mistake.

(b) Unlicensed driving: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act.

2. The former part of Article 37 and Article 38(1)2 of the Criminal Act to increase concurrent crimes.

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