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(영문) 의정부지방법원 2014.05.14 2014고합61
특수공무집행방해치상
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

On February 10, 2014, at around 20:40, the Defendant was required to take a drinking reaction from the victim as the victim, who driven a F typ vehicle with drinking alcohol on the front of “E” located in D at the Namyang-si, Namyang Police Station, and a slope G (5 years of age) belonging to the traffic control department, who was under drinking control at the same time.

In the past, the Defendant would be subject to severe punishment for driving under the influence of alcohol in the past, with the mind that he will escape as it is, and the said car was stopped and resumed again. The Defendant collected the body from the window of the above car, which was opened immediately next to the said car driver, in order to prevent the Defendant, by cutting the body into the window of the above car driver's seat opened to prevent the Defendant, carried the hand of the said car with the left hand, and requested the said car to put up the vehicle with the driver's seat attached to the car, which is a dangerous object, even though it was demanded to put up the vehicle by putting the driver's seat, the victim was 300 meters away from the road.

As a result, the Defendant carried dangerous objects and interfered with the legitimate performance of duties by police officers on the drinking control, and caused the victim, a police officer, to suffer injury, such as cerebral wave, dystyp, and dyspoptyp, which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning G;

1. A written diagnosis of injury;

1. A certified copy of identification card;

1. Application of field map and photographs, blackbox CD-related Acts and subordinate statutes;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. The types of recommendations according to the sentencing criteria.

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