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(영문) 광주지방법원 2016.09.02 2016고합239
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 8, 2016, at around 00:50, the Defendant was required to stop the said car in order to verify whether the car was drunkly driven by G (Nam, 31 years old), a police officer belonging to F of the Police Station of the Gwangju Dong Police Station, while driving the E-business car on the front of the DNA Youth in Gwangju Dong-gu, Gwangju.

Therefore, the Defendant, which is a dangerous object to avoid this, proceeded with the above car, which is a dangerous object to avoid driving under the influence of alcohol, and operated the above police officer who was under the restraint of driving under the influence of the car by hand, with approximately three meters of the above police officer's knife on the side of the driver's seat of the above car, and had the above police officer exceeded the floor.

As a result, the defendant interfered with the legitimate execution of duties by the police officer, and caused the above police officer to suffer bodily injury, such as fingers, grandchildren, and other injuries that require medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Photographss of damage from G, CCTV images related to the injury caused by special obstruction of performance of official duties, photographs, etc. of on-site and damaged police officers;

1. Application of Acts and subordinate statutes of a medical certificate;

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act for providing community service or attending lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Application of the sentencing criteria (the crime of causing special obstruction of performance of official duties) (the crime of causing special obstruction of official duties) (the crime of causing special obstruction of official duties) and category 1 (the person causing special obstruction of official duties) (the person causing special obstruction of official duties): Reduction elements: Reduction element (including efforts to recover damage), reduction area [the decision area of recommendation area] mitigation area (the scope of recommendation area] 1 year and six months to three years.

3. The crime of this case by which the defendant is sentenced shall take a alcohol test from the police officer.

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