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(영문) 청주지방법원 영동지원 2015.06.03 2015고합6
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. From March 15, 2015, the Defendant: (a) was injured by special obstruction of the performance of official duties; (b) on March 21:50, 2015, the head of the Dong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-do, the Defendant discovered a police officer who is under drinking control while driving the Category II cargo vehicle owned by the Defendant; and (c) escaped.

At around 23:15 on the same day, the Defendant: (a) was at risk of blocking the escape route by the victim F (the age of 41) who is a police officer belonging to the Young-dong Police Station E zone of the Dong-dong Police Station where the Defendant was faced with the Defendant, who was a police officer belonging to the E zone of the Dong-dong Police Station where the Defendant was faced with the Defendant; (b) continued to run on the front of the above patrol vehicle’s right-hand part; and (c) was at the right-hand part of the said patrol vehicle’s right-hand part of the said cargo, the Defendant was at the front of the said patrol vehicle.

As a result, the Defendant, carrying dangerous articles, obstructed the legitimate execution of duties by police officers regarding the prevention, suppression, and investigation of crimes, thereby resulting in injury to cerebral celebs, etc. requiring treatment for about three weeks. At the same time, the Defendant damaged the above patrol vehicles used by public offices to cover KRW 1,642,111.

2. Where the owner of a motor vehicle that has violated the Motor Vehicle Management Act intends to have tubes for the items prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport, approval from the competent authority

Nevertheless, around March 2014, the defendant, on the road in front of the residence of the defendant in Kimcheon-si G, and without obtaining the approval of the competent authority, installed a HID headlight on the cargo vehicle owned by the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, H, and I;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (the sequence 10 through 14, 16 through 18, 20 through 22 of the evidence list);

1. Embbbox (SD card No. 1);

1. Application of Acts and subordinate statutes to written appraisal;

1. Article applicable to criminal facts;

A. Injury caused by special obstruction of performance of official duties: the main sentence of Article 144(2) and Article 144(1) and Article 136(1) of the Criminal Act.

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