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(영문) 수원지방법원 여주지원 2012.11.15 2012고합181
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 August 22, 2012, the Defendant, while driving a Ci30 vehicle on the front side of the driver’s license road in the innju-gu, Sju-si, Sjun-si, Sin-si, Sin-si, Sin-si, the Defendant, at around 21:10 on August 22, 2012, demanded that the D Police Station E (35 years of age) belonging to the D Police Station, which controlled drinking, install the Defendant’s vehicle and sob off the vehicle, check the Defendant’s drinking by drinking so as to stop so as to stop so as to stop the vehicle, and walk the vehicle on the road by driving the vehicle so as to make it difficult to speed up to 10 meters, and driving the vehicle so as to be driven up to the front side by shocking E

As a result, the Defendant, carrying a dangerous object, interfered with the legitimate performance of public duties of E under drinking control, and inflicted injury on the victim, such as the shoulder and the arms that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the sentencing criteria: Imprisonment with prison labor for a crime of obstructing performance of official duties, for a crime of causing special obstruction of official duties, for a crime of causing special obstruction of official duties, for a crime of causing special obstruction of official duties, for a mitigated area;

2. The execution of imprisonment with prison labor shall be suspended for the defendant, considering the circumstances, such as the defendant's age, criminal administration, and family relationship, that the defendant had no history of criminal punishment before and after committing the crime, voluntarily surrenders to the defendant, deposited two million won for the victim, etc., taking into account the circumstances favorable to the defendant;

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