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(영문) 부산지방법원 2015.09.18 2015고합133

특수공무집행방해치상

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 14, 2015, around 19:00, the Defendant was driving a Dma business car in front of the road of the "YYYYYYYYT", which was located in the Bupyeong-gu, Busan, Busan, and was working as a new-dong air, and was under control by the victim E (the age of 48) of the traffic safety department of the Busan, Busan, which was the victim, who was working for traffic control in the new-dong area.

In addition, the defendant confirmed the fact that the victim was designated by the defendant, put his hand into the window located in the open door of the above car, opened the door, and demanded the defendant to leave the vehicle, and the remaining victim was driven by driving the vehicle for every month and driving the vehicle at around 30 meters, and caused the victim to fall on the road.

As a result, the defendant carried a dangerous object, and interfered with legitimate performance of duties concerning traffic control of the victim who is a police officer and arrest of a designated prisoner, and caused the victim to suffer injuries such as salt chills, tensions, etc. for about three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning Inspector E;

1. Application of the Acts and subordinate statutes on the photographic image of black stuffs;

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. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)

1. The scope of applicable sentences: Imprisonment for nine months to seven years;

2. Scope of recommendation [Determination of types of punishment] Crimes of obstruction of performance of official duties, death or injury resulting from special obstruction of public duties, injury (type 1) resulting from special obstruction of public duties (type 1), self-denunciation [Scope of recommending punishment] [Scope of recommending punishment] from 1 year and 6 months to 3 years (area of mitigation).

3. Determination of sentence: Imprisonment with prison labor for the crime of this case in October, the victim was driven by the police officer belonging to the Busan District Police Station where the defendant controlled the violation of signals.