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(영문) 창원지방법원 2016.04.14 2015고합289
특수공무집행방해치상
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

On September 2, 2015, the Defendant found the victim D (21 tax) belonging to the three company companies located in the Gyeongnam National Police Agency of the Gyeongnam National Police Agency of the Gyeongnam National Police Agency, which was in the process of establishing basic traffic order in front of 201, while operating the CK5 car on the road of 773 roads, Sungwon-gu, Sungwon-si, Sungwon-si, Changwon-si around 10:20, the Defendant carried the central line to prevent the wearing of safety belts.

In this regard, the victim stopped the vehicle and then notified the defendant of the violation of the wearing of illegal U-turns and safety belts and demanded the driver's license to display the driver's license, but the defendant was placed in the driver's seat while leaving the vehicle rapidly without disregarding this, and caused the victim's loss by the driver's seat window of the vehicle. The victim demanded the driver to stop the vehicle with the driver's seat on his hand, but the victim operated the vehicle and let the damaged person go beyond the road.

As a result, the Defendant carried a dangerous object vehicle and interfered with the legitimate performance of duties concerning traffic control by the victim, and thereby, the victim suffered injury, such as the right hump for about two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. An injury diagnosis certificate (D);

1. Application of the Acts and subordinate statutes on the surface of a CCTV recording room in front of a Seongbuk-gu apartment unit in Changwon-si, Changwon-si;

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 of the community service order;

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

2. Application of the sentencing criteria [the type] type of crime obstructing the performance of official duties, the idea of harming the performance of official duties, and the injury caused by interference with special official duties (the injury caused by interference with special official duties).

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