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(영문) 수원지방법원 안양지원 2020.06.05 2020고단240

특수공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

At around 19:00 on November 21, 2019, the Defendant asked B to leave the train from the Special Judicial Police Officer of the Korean Railroad Station, the Ministry of Land, Infrastructure and Transport affiliated with the Ministry of Land, Infrastructure and Transport, who was dispatched to the scene on the ground of the Defendant’s influence vehicle, and notified B of the fact that B may be arrested as a flagrant offender, the Defendant expressed that B “this rings, fluor, fluor, fluor, fluor, fluor, fluor, fluor, fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor f.

As a result, the Defendant interfered with the legitimate execution of duties concerning the safe operation and maintenance of order of rolling stock by using excessive goods, which are dangerous goods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. Investigation report (a wooden and monetary case);

1. Application of the Acts and subordinate statutes of seizure records and photographs;

1. Relevant Article 144(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Confiscation Criminal Act / [Article 10(2) of the Criminal Act / [The defendant and his/her defense counsel shall be dismissed as to the grounds for sentencing] of Article 48(1)1 of the Criminal Act / [Article 18(1)1 of the Criminal Act / [Article 10(1)1 of the Criminal Act / Where the defendant committed a crime in a state of mental disorder under the influence of alcohol

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. Scope of recommendations according to the sentencing guidelines: Imprisonment with prison labor for one to four years (determination of types) shall be the obstruction of performance of official duties.