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(영문) 광주지방법원 순천지원 2016.10.20 2016고합178
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 August 6, 2016, at around 23:57, the Defendant, while driving a friendly car at a three-way distance prior to the D motherel in the Macheon-si C, and received a stop signal from F Assistant G of the Macheon Police Station at the drinking control, runs away to the extent of 10 meters.

On the other hand, the vehicle was stopped without standing any longer by another vehicle.

When the police officer called that he was aware of the fact that he was aware of the fact that the Defendant had been aware of the fact that he had the Defendant take a drinking test, the Defendant suffered injury, such as elbow bows, etc., which requires approximately two weeks of medical treatment, by having the above G, which was putting the window on the vehicle by taking a speed pedal, and was 10 meters away from the vehicle by taking a speed pedal, and making the said G take the window over 10 meters, and caused the said G to suffer injury.

As a result, the defendant, carrying a dangerous object, committed violence against public officials who perform legitimate duties to investigate crimes and prevent crimes, thereby causing the injury to the public officials.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (refluoral image restoration);

1. Article 144 (2) and (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances among the reasons for sentencing as follows);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of recommendations on the sentencing criteria [decision of types] the scope of recommendations for crimes of obstruction of public duty (decision of types] and the scope of recommendations for crimes of obstruction of public duty (the person causing special obstruction of public duty), the mitigation elements (the person causing special obstruction of public duty), the aggravation factors (in cases where the degree of obstruction of public duty is serious): two years to four years.

3. Determination of sentence: Imprisonment with prison labor for two years, and with respect to the crime of this case for three years in a suspended sentence, the defendant shall request the victim who is a police officer to take a proper drinking test;

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