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(영문) 대구지방법원 안동지원 2013.09.13 2013고합44

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 May 15:00 on May 10, 2013, the Defendant was found to have been exposed to the victim slope G (the age of 43) who was working for the F police box while driving the E Car in front of the D Child Care Center D in Ansan-si C.

The Defendant presented the said G driver’s license to the said G and demanded the said G to “as soon as possible send a notice to the house,” and demanded the said G not to have the said G, thereby obstructing the police officer’s legitimate performance of duties regarding traffic safety control by assaulting the said G’s qui part, which is an object dangerous by proceeding the said G, to go ahead of the said G, and going beyond the floor, on the ground that the said G could not have any of the said G. Accordingly, the Defendant suffered injury to the victim G, such as acute climatic salt, salked salt, etc. requiring a medical treatment for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to G and H;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment of a medical certificate for a victim), descriptions in a criminal investigation report (Attachment of a field confirmation photograph, etc.), and images;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

2. Mitigation of discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the favorable circumstances described in the following sentencing grounds):

3. The reason for sentencing under Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances described in the following reasons for sentencing).

1. The scope of punishment by law: Imprisonment for not less than one year and six months but not more than fifteen years;

2. The range of sentence based on the sentencing guidelines: The crimes of injury resulting from the obstruction of performance of official duties, the injury resulting from the obstruction of performance of special official duties, the injury resulting from the obstruction of performance of official duties, the first category (the injury resulting from the obstruction of performance of official duties): the strong efforts to recover damage [the scope of recommendations] imprisonment with prison labor for a period of not less than one year and not less than six months but not more than three years (the scope of suspended sentence) [the scope of suspended sentence] major factors: Where the degree of assault, intimidation and deceptive scheme is minor, the damage recovery shall be made.