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(영문) 대전지방법원 천안지원 2016.04.06 2015고합289
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:50 on October 27, 2015, the Defendant: (a) driven a Crando XG car in front of the two stations located in the West-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) was under the influence of alcohol by the injured party E (3) (42) who is the circumstances belonging to the Seocheon-gu Police Station D from the Jeoncheon-gu, Seocheon-gu; (c) while getting out the damaged vehicle and getting out the said vehicle, the Defendant escaped with approximately KRW 2.9km even though he was aware that the Defendant was satisf by driving the FYF cattle or other patrol vehicle, and was satisfed to another vacant lot adjacent to the Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, e.g., 949-12, S.

At the time, the defendant was aware that the injured person was in the state of the patrol vehicle after the vehicle immediately of the defendant, and the part of the back part of the patrol vehicle driven by the defendant was driven by the defendant, and suffered a light sprink, etc. which requires approximately two weeks medical treatment to the victim due to the shock, and at the same time, damaged the front sprink, etc. of the patrol vehicle to the sum of the repair cost of KRW 1,711,907.

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 to the damaged person in 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 made by the police against the victim;

1. The register of teas and driver's licenses;

1. Photographs of the state of patrolling damage;

1. Application of Acts and subordinate statutes to a criminal investigation report (attached to the aforementioned images and screen pictures, diagnostic documents, written estimates, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, the main sentence of Article 144(2), Articles 144(1), 136(1) (a) of the Criminal Act concerning the selection of punishment (the point of causing harm to the performance of official duties) and Article 141(1) of the Criminal Act (the point of causing damage to goods for public use and the selection of imprisonment with prison labor);

1. Articles 40 and 50 of the Criminal Act concerning the concurrent crimes of injury resulting from a disturbance in the performance of special duties, which are heavier (the punishment imposed on a person who has a heavier punishment);

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment

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