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(영문) 대구지방법원 포항지원 2017.06.08 2017고합22
특수공무집행방해치상등
Text

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

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

At around 00:50 on March 23, 2017, the Defendant: (a) driven a e-learning car near the D cafeteria located in Nam-gu, Nam-gu, Seoul at the port; (b) 4 persons, such as slope G belonging to the North Korean Police Station of the Pohang Port, were under the influence of drinking at the front bank; and (c) she got back about 3km with the knowledge that the said slope G driven the HF cattle or the hF patrol car, thereby leading the Defendant to escape.

At around 00:55 on the same day, the Defendant got to go ahead of the J hotel located in North-gu I at the same time, and the above slope G was damaged by the repair cost of KRW 2,413,585, including exchange of the patrol vehicle in front of the patrol vehicle, to the part adjacent to the left-hand side of the Defendant’s car of the said patrol vehicle that intends to go ahead of the Defendant’s car. In addition, the Defendant was damaged to the above slope G by shocking the part of the driver’s car to the right-hand side of the said patrol vehicle, resulting in an injury to the said slope G, which requires medical treatment for about 10 days.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the crackdown on drinking by using a dangerous object, caused the injury of police officers during the process, and damaged the patrol car, which is a public object used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a internal investigation report (Attachment to a screen by cutting off a black stuff related to the escape of a vehicle under command and the collision of patrol vehicles), internal investigation report (Attachment to patrol vehicles and photographs of an accident vehicle, etc.), vehicle-type inquiry meeting, police officer's identification card, and a copy of a list of places of work outside of traffic, investigation report (Attachment to a written estimate for repair expenses of a patrol vehicle), investigation report (Attachment to a victim's diagnostic report), investigation report (Attachment to a victim's check); and investigation report (Attachment to a video file of a patrol box);

1. Articles 144(2) and (1), 136(1) (a) and 141(1) (a) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment is set forth in the crime of causing injury to a person who interferes with the execution of a special official duty heavier than the punishment).

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