(영문) 대전지방법원 2013.3.29.선고 2012고합708 판결

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive, and the defendant shall be ordered to provide community service for 80 hours.

Reasons

Criminal facts

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

At around 22:10 on November 9, 2012, the Defendant, within the 6*** 23* xx, who is a substitute driver, demanded a large amount of expenses for acting driving on the part of the victim's right shoulder part of the driver who is driving on the left part of the elbbbow, 2 times at two times on the part of the victim's right shoulder part of the driver who is driving on the part of the elbbbow, and flick part of the victim's flbbbbbbow, flick the flbbbage of the victim, and flbs that require approximately two weeks of treatment to the victim.

2. Obstruction of performance of official duties, injury or damage to public goods;

On November 9, 2012, the Defendant: (a) at the same place as indicated in paragraph (1) at around 22:22, at around the same time; (b) 112, the victim, a police station in the Daejeon East Police Station (56 years of age), who was in charge of the police station in the mountain of the Daejeon East Police Station, dispatched the Defendant; (c) obstructed the police officer’s legitimate performance of official duties in relation to the 112 Report at one time, and at the same time obstructed the victim’s left face by drinking, and obstructed the victim’s lawful performance of official duties; and (d) continuously caused the victim’s injury, such as dump, which requires approximately two weeks of medical treatment; and (e) continued to see the knife the knife of the 53p9540, Nov. 12, 200, after the knife of the knife, thereby impairing the public goods so that the 25,000 won at the market price is.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. The statement of the witness, boomer, and boomer, in the second trial record;

1. Statement made by each police officer with respect to gambling ①M; and

1. Statement in a written estimate for motor vehicle;

1. Each description, such as a medical certificate, injury medical certificate, etc.;

1. Images of the news of the department, records of the victims' damage, and images of the patrol picture of the department;

Application of Statutes

1. Article applicable to criminal facts;

The former part of Article 5-10(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing violence to a driver), Article 136(1) of the Criminal Act (the point of obstructing performance of official duties), Article 257(1) of the Criminal Act, Article 141(1) of the Criminal Act (the point of causing damage to public goods)

1. Commercial competition;

Articles 40 and 50 of the Criminal Act (the crimes of obstruction of the performance of official duties, between the crimes of bodily injury, and punishment prescribed by the crimes of serious bodily injury)

1. Selection of punishment;

For the crime of injury, damage to public goods, each imprisonment shall be selected.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2 and 50 (only to the extent that the punishment is aggregated with the long-term punishment of each of the above crimes) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Social service order;

Judgment on the assertion of the defendant and defense counsel under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. Summary of the defendant and his defense counsel's assertion

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1) The Defendant is a victim who is operating a vehicle, and he was flicked two times with his left hand, and there is no fact that he was flicked two times with the right shoulder part of the victim as stated in the judgment.

2) Although the Defendant stops the vehicle and dump of the victim after the vehicle stops, the Defendant did not depict the victim’s breath while driving the vehicle as indicated in the judgment.

B. As to the obstruction of performance of official duties

Although the defendant has taken one time between the left face and the front of knives as stated in the judgment of the defendant, the defendant at the time does not know that he is a police officer, and there was no intention to obstruct the police officer's legitimate execution of official duties.

2. Determination

A. Regarding the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence, etc.), the victim GabO tried to see the right shoulder part of the blue with the other party's arms at the first police investigation." "When the blue is sitting on the blue, the boom part of the blue with the left part of the other party's blue with the blue of the blue of the blue of the blue and the blue of the blue of the blue of the blue of the brue, etc.", the victim bru tried to flue the brue of the brue of the brue and the brue of the brue of the brue of the brue of the brue. It was hard to see the brue of the brue of the 2ndr."

In addition, in the second police investigation, the victim stated that " how the suspect blue in the car at the time of the forum is blue?" "I am blue with the left blue with the upper shoulder, celebling celebling," and "I am blue that I am suitable for the shoulder of the low blue type (the defendant)", "(the victim)", "(the defendant ) 190cm with 190cm and cm with 190cm," and "I am blue with blue", "I am blue with the left hand and blue that I am blue with his body," and "I am clear that I am blue with the circumstances of the victim's blue," and "I am clear that I am blue with the above blue, I am glue, and that I am am bal,".

After all, this part of the facts charged is found guilty by the above victim's statement. Thus, this part of the other defendant and defense counsel's argument is without merit.

B. As to the crime of obstruction of the performance of official duties, the meaning of the crime of obstruction of the performance of official duties lies in recognizing the other party as a public official who performs his duties, and that of assault or intimidation against it. The perception of the crime of obstruction of the performance of official duties shall be deemed to have so-called dolusence, even if it is uncertain, and if the defendant does not have an intent to obstruct the performance of his duties, and if the defendant does not confession it, it shall be determined by the method of proving indirect facts having considerable relation to the intention in light of the nature of the object, but what is the case shall be.

Whether it constitutes an indirect fact with considerable relevance is not a way to reasonably determine the link of the fact based on normal empirical rule (see, e.g., Supreme Court Decision 94Do1949, Jan. 24, 1995). According to the evidence duly adopted and examined by the court, the court received 112 report stating that ① the situation where she works in the mountain box in the Daejeon East Police Station, and the situation where she works in the mountain box in the mountain box in the Daejeon East Police Station, assault an acting engineer.” On Nov. 9, 2012, the Defendant was called to the front path of the Dongdongdong-gu Daejeon Police Station, which was located in the place where her report was made, using the patrol vehicle at around 22:2, 2012. ② When the Defendant arrived at the place where her name was reported, she would have her xte son son son son son son son son, and the Defendant continued to put the Defendant's son son son son son her body over 3 to her free.

위 인정사실 및 앞서 본 증거들에 의하여 알 수 있는 다음과 같은 사정들, 즉, ① 경위 이◎◎와 경사 황●●는 당시 순찰차량에 경광등을 켠 상태로 신고장소에 출동하였을 뿐 아니라, 경찰관 정복을 입고 있었던 점, ② 증인 황●●는 이 법정에서 "당시 신고장소에 도착해 보니 피고인이 박①①을 계속 쫓고 있기에 얘기를 들어보기 위해 저경찰관인데 저한테 말씀하시라고 그러면 피고인이 얘기를 좀 하다가 다시 뛰쳐나가곤 했다.", "당시 경찰관 이©, 황●● 외 피고인과 박의 실랑이를 지켜보는 사람들도 있었으나 이들은 바로 옆에는 없었고 주변에서 멀리 떨어져 있었다."는 취지로 진술한 점 등에 비추어 보면, 피고인은 이가 타고 온 차량, 복장 등 외관만으로도 충분히 이이가 경찰관임을 알 수 있었을 뿐 아니라, 이이가 경광등을 켠 상태로 순찰차량을 타고 신고장소로 도착하였을 때 또는 적어도 황●●가 경찰관임을 밝히면서 피고인에게 자초지종을 물어보고 이가 3~4차례에 걸쳐 피고인을 제지하였을 때부터 이◎◎가 경찰관으로서 공무를 집행 중인 사실을 알고 있었다고 봄이 상당한바, 이 사건 폭행 당시 피고인에게는 경찰관의 공무집행을 방해한다는 점에 관하여 미필적으로나마 고의가 있었던 것으로 보이고, 공무집행방해죄의 성립에 그 직무집행을 방해할 의사까지 필요로 하지는 아니하므로, 이 부분 공소사실은 충분히 유죄로 인정된다.

Therefore, the defendant and his defense counsel's assertion on this part is without merit.

3. Conclusion

Thus, the above argument by the defendant and the defense counsel is without merit.

Reasons for sentencing

[Scope of Punishment] One year and six months to twenty-two years [Basic Crimes] Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime against Drivers, Violence, etc.)

[Determination of Punishment] Injury or injury caused by assault by a driver of a violent crime

[Special Convicts] - Reductions: Non-Provision of Punishment

- Aggravations: Where a driver of a motor vehicle in operation has been abused (one type);

【Determination of Recommendation Area】 Basic Area

[Scope of Recommendation] Imprisonment of one year and six months to three years

【Concurrent Crimes 1】 Crimes of Bodily Injury

[Determination of Punishment] General Inflicting of Violence

[Special Egressors] - Reductions: In the case of an intentional act resulting from dolusence, minor injury (type 1, 4)

- Aggravations: 1)

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] From two months to one year [Concurrent Crime 2] Crimes of Damaging Public Goods in the Judgment

【Determination of Punishment] Nullity and Destruction of Public Articles in the Obstruction of Performance of Official Duties

[Special Convicts] Where the value of an invalidated or destroyed article is insignificant (requirements for Mitigation)

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment from one month to eight months

【Standards for Dealing with Multiple Crimes】

- The result of the aggravation of multiple crimes (the first crime maximum + the second crime maximum + 1/2 + the upper limit of the third crime 1/3): Imprisonment from June to August 20 from August 1 to 20.

[Determination of Sentence] The act of assaulting the driver of a vehicle in operation, such as one year and six months of imprisonment, two years of suspension of execution, and 80 hours of community service, is a dangerous crime that may cause danger to traffic, such as the occurrence of additional accidents, in addition to the possibility of criticism on the crime itself, and that may cause damage to the body and property of a third party. In addition, the Defendant interfered with legitimate execution of public duties by considering police officers who control the defendant in a significant state, and at the same time interfered with the performance of public duties, and thereby impairing the utility of patrol vehicle, which is a public object, and thus, the nature of each of the crimes of this case is not somewhat weak, and thus, the Defendant should be punished strictly.

However, under the circumstances where the defendant agreed with the victim (1) ①, the defendant committed each of the crimes of this case in contingency under the influence of alcohol, and the defendant has no record of punishment other than once a fine for violent crime, and the defendant separates his mistake and reflects himself, etc., the punishment as ordered shall be determined in consideration of all of the sentencing conditions shown in the arguments of this case.

It is so decided as per Disposition for the above reasons.

Judges

Judges of the presiding judge and assistant judges

Judges Hongnn

Judges Cho Jeon-soo

Note tin

1) The crime of obstruction of performance of official duties in the judgment, which is related to the crime of injury in the judgment, was treated as a special person.