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(영문) 창원지방법원 2016.08.25 2016고합151
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 June 30, 2015, at around 00:58, the Defendant, while driving a Ci30-car, which is a dangerous object in front of the road at the 3:81 p.m. of Kimhae-si, Kimhae-si, and was under the influence of drinking, and was asked to stop from the slope E belonging to the police station D, the Defendant fleded the slope E with the driver’s seat window attached with 20m in a volume of 20m, and escaped beyond a slope E with the following window attached with the window.

Accordingly, the defendant, carrying dangerous articles, interfered with police officers' legitimate execution of their duties, and thereby, he suffered approximately two weeks of treatment to slope E, such as the left-hand elbow and the right-hand slife.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes governing appraisal commission;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from one year to fifteen years;

2. Application of the sentencing criteria [Determination of types] The scope of crimes obstructing the performance of official duties, the ideology of harming the performance of special duties, the injury resulting from the disturbance of obstructing the performance of official duties (type 1): the mitigated elements of punishment (including efforts to recover damage), the area of mitigation [including the area of recommendation and the scope of recommended punishment], the area of mitigation of punishment, one year and six months to three years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for two years, and suspended execution for three years; the crime of this case committed by the defendant while driving alcohol, was controlled by drinking and was inflicted an injury on a police officer who suffered damage on a passenger vehicle, which is a dangerous object in the course of escape, and the crime was committed in bad character, and thus, the corresponding punishment is required.

However, there is a history of recognizing the defendant's mistake and criminal punishment before.

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