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(영문) 광주지방법원 2015.11.27 2015고합364
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 8, 2015, the Defendant was driving EK5 cars in front of the “D” convenience store in Gwangju-gu, Seo-gu, Gwangju, and the Defendant continued driving of the said car despite the Defendant’s demand to stop on the grounds that the Plaintiff was suspected of drinking by drinking alcohol as a result of the Plaintiff’s breath measurement through a drinking reduction engine at a police station belonging to the Gwangju Western Police Station, which was under the influence of drinking. On that point, G having the same police station stopped the Defendant’s car in front of the direction of driving, making the Plaintiff stop the car, thereby gathering the arms with the driver’s seat window, which was confirmed that the response of drinking alcohol was confirmed, and thus, the Defendant was demanded to stop the said car at a speed below the remaining time, which would be discovered by drinking alcohol, and thus, the Defendant continued driving of the said car, which would cause the above car to go off with the Defendant’s right breath of the said car, and thus, continued to stop the car under the direction of the said G car.

As a result, the defendant assaulted G as a police officer with a dangerous object, and obstructed legitimate execution of duties concerning traffic control, etc., thereby having G suffered approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. A written statement;

1. A medical certificate;

1. Application of each statute on photographs;

1. Articles 144 (2) (main sentence) and (1), and 136 (1) of the Criminal Act concerning the crime concerned;

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. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

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

2. Application of the sentencing criteria (determination of type) shall be the obstruction of performance of official duties.

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