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(영문) 부산지방법원 서부지원 2018.10.05 2018고단1252

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 12, 2018, at around 14:13, the Defendant parked the freight vehicle in front of the “D store” located in the Busan Western-gu, Busan, and performed parking control using the control vehicle attached to the illegal parking control camera by G, who is a public official of the F of the Busanan Office, while carrying out the installation of heat materials in the cargo partitions, and then cut off the industrial knife (7 cm in length, 23 cm in total) and the knife (30 cm in total) that are dangerous goods at the truck driver’s seat.

The knife of the knife knife knife knife knife knife and the knife knife knife knife knife knife knife knife knife knife knife.

"....................." and continue to fall down of the G, “........”

“The body of the said G was pushed off several times with the word “”.

Accordingly, the defendant carried dangerous objects and interfered with legitimate execution of duties concerning the crackdown on illegal parking of public officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of H and I;

1. A protocol of seizure and a list of seizure;

1. Investigation report (Analysis of images of victim vehicle booms);

1. Application of statutes on field photographs;

1. Articles 144(1) and 136(1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The scope of the sentencing guidelines for the recommendation [the scope of the recommended sentence] the scope of the aggravated sentence [the scope of the punishment] that interferes with the performance of public duties, and the area of the aggravated sentence (1 to 4 years) (1 to 4 years) [the specially aggravated person] the power of an organization and a large number of persons, or carrying dangerous objects (1 type);

2. Determination of sentence of imprisonment shall be made by taking into account the risk of the instant crime, the records of the same kind of crime, etc.;

The defendant's serious reflect, the background leading to the crime of this case, and the actual crime.