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(영문) 수원지방법원 여주지원 2014.01.23 2013고합94
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

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 August 28, 2013, around 21:30, the Defendant continued to stop the said car, which is a dangerous object, without stopping a slope G belonging to the traffic control department of the Leecheon Police Station, which was a police officer belonging to the traffic control department of the Leecheon-gu Police Station, while driving the Ek7 vehicle, and failed to comply with a request to take a drinking test by F, a police officer belonging to the traffic control department of the Leecheon-gu Police Station, who was working for the traffic control department of the Ek7 vehicle while driving, and continued to proceed without stopping the said car, and received the left-hand hand hand portion of the said G's left-hand hand.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the crackdown on drinking driving, and thereby, the Defendant suffered the first balance of revenues and expenditures on the left side in need of approximately two weeks of medical treatment to the above G.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of G police officer;

1. Investigation and report on traffic accidents and report on the occurrence of traffic accidents;

1. A medical certificate;

1. Application of statutes on site photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences: Imprisonment for a period of one year and six months to fifteen years;

2. The basic area of the sentencing criteria [the range of recommendations] basic area of the injury or injury resulting from the obstruction of public duties by causing the obstruction of public duties by special obstruction of the performance of official duties (the decision of the recommended area] (the range of recommendations] from 2 years to 4 years.

3. The crime of this case committed by the Defendant, who was requested to take a alcohol test on the road, was committed by the police officer who prevented the Defendant from escape while the Defendant escaped, with the hand of the police officer who prevented the Defendant from escape in front of a passenger car, and was inflicted an injury on the police officer in the course of performing official duties, and thus, the exercise of legitimate public authority may be circumvented and the nature of the crime is very good in that it could cause human life damage.

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