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(영문) 창원지방법원 2014.04.01 2013고합346
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 14, 2013, at around 18:20 on the 18:20th, the Defendant was instructed to operate the left or right-hand turn to the left while driving the Cbu high-speed tourist bus in front of the Kimhae-si, Kimhae-si, Kim Jong-si, and the left-hand turn from D in the circumstances where the traffic was controlled due to the traffic congestion.

Nevertheless, the Defendant attempted to ignore this and drive a straight line, and the police officer E, who is the police officer belonging to the Defendant, instructed the Defendant to operate the bus in the light of the light and the signal box on the bus side, but continued to drive the bus in a straight line without disregarding this, and the Defendant continued to drive the bus in the front side of the relevant large bus, which is a dangerous object, twice the victim’s left shoulder and left side side of the bus, and continued to stop the bus in a way more than three times.

As a result, the defendant carried dangerous objects and interfered with the legitimate performance of duties by police officers on traffic control, and thereby, E suffered injury such as salt, tension, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of F, G, and D and written statements of H;

1. A general medical certificate;

1. The application of Acts and subordinate statutes of each investigation report and each investigation report;

1. Relevant Article of the Criminal Act and Article 144 (2) (main sentence) and (1) and Article 136 (1) of the Criminal Act for the selection of criminal facts;

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. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. The basic area of the sentencing criteria [the range of the recommended area and the range of the recommended punishment], two years to four years, and the basic area of the injury or injury caused by the obstruction of public duties due to the obstruction of performance of official duties by special persons; and

2. The crime of this case in which the sentence of sentence was determined.

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