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(영문) 대전지방법원 홍성지원 2016.10.20 2016고합60

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment for two years.

One saw (including saws) seized shall be confiscated.

Reasons

Punishment of the crime

On July 23, 2016, the Defendant reported that the Defendant would engage in a contact service at the “EM store” D District District of the Boan Police Station in Boan-si, Boan City, 19:48, and agreed that the Defendant would not attempt to control the Defendant’s business owner of the said “EM store” in a specific report and location, etc. in the course of telephone conversations with F, the Defendant purchased a saw (the total length of 52 cm, the total length of 50 cm, 37 cm in the one-to-day bill, and 35 cm in the length of the saw (the investigation record 12,15 cm).

The defendant, while carrying a saw, was sitting in the seat of a civil petitioner in the earth, and the police officer, in order to recover a saw from the defendant under the influence of alcohol, tried to prevent the victim G (the age of 41) who was in the front of the above saw group belonging to the defendant, from taking a saw in order to prevent the defendant from taking a saw at the saw level, he saw the victim's left hand by cutting a saw from the saw group.

As a result, the defendant carried a saw, which is a dangerous object, interfered with the legitimate execution of duties of police officers on the earth's service in the earth, and thereby, the victim suffered injury of the 4-day left-hand balance of 4 weeks of need to be treated.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A investigation report (Attachment to CCTV images, etc.) and a CD;

1. Four copies of photographs of a saw, and three copies of photographs of damaged parts; and

1. A medical certificate;

1. Application of one of the seized saws (including saws) Acts and subordinate statutes;

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;

1. Discretionary mitigation of punishment Article 53 and Article 55(1)3 of the Criminal Act (hereinafter “Discretionary Mitigation”), 1.