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(영문) 광주지방법원 2017.09.22 2017고합340
특수공무집행방해치상등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. On June 1, 2017, on the front of the “D” located in Gwangju Dong-gu, Gwangju, the Defendant sought to check the knife by using PDA to check the knife, who is a policeman belonging to the police station of Gwangju Dong-dong, from the night crime prevention joint service in the police station of Gwangju Dong-gu (25 years old), and the police officer belonging to the same knife G to check the knife of the Defendant’s vehicle by using PDA, and tried to send a defective car to check the personal information after having the Defendant parked the vehicle on the side by a light flifeing the vehicle on the side. While the victim knifeed with the Defendant’s hand by inserting the car, the victim continued to have knife the vehicle by driving approximately 15 meters on the Defendant’s vehicle, thereby causing the damage to the road by getting out of the road.

As a result, the defendant, while carrying a vehicle, which is a dangerous object, obstructed the legitimate execution of duties of the victim, who is a police officer in charge of night crime prevention service, and suffered approximately two weeks of treatment to the victim, such as knee, etc.

2. On June 1, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a HM3 car in the section of approximately 4 km away from the 214 km-ro in Gwangju-gu, Gwangju-gu, without obtaining a driver’s license for a motor vehicle on June 1, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Reporting the occurrence of a case that is likely to obstruct the performance of special duties, reporting on investigation, keeping off the off-line service, investigation report (in addition to a place where the victim's non-license control is controlled and a photograph away from the place), details of driver's license, investigation report (Attachment to a medical certificate), request for administrative disposition against a suspect's driver's license

1. A medical certificate;

1. Application of Acts and subordinate statutes governing statement photographs;

1. Relevant Article 144(2) main sentence of Article 144(1) and Article 136(1) of the Criminal Act concerning criminal facts, the applicable law concerning the selection of punishment, and road traffic law.

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