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(영문) 부산지방법원동부지원 2020.10.20 2020고합109
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 June 3, 2020, the Defendant driven a two-wheeled vehicle B 300cc or more on June 3, 2020, and was given a stop instruction to the Busan Southern Police Station E and the police officer F (ma, 34 years old) of the Busan Southern Police Station E and the police officer (ma, 34 years old) who performed traffic control while driving a two-wheeled vehicle at B 300cc or more

Nevertheless, the defendant neglected and continued this, and even though the above F puts the body of the defendant in two hands and restrains it, the above F was bound by the two-wheeled vehicles, and it exceeded the floor by facing the blocking salary installed in India.

Accordingly, the defendant, using two-wheeled vehicles, who are dangerous objects, interfered with the legitimate performance of duties by police officers concerning traffic control, and inflicted injury on the victim F, such as the right slot section, the inspection team, etc., which requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F of the police interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to a photographic act and subordinate statutes, such as a report on the occurrence of a police officer (native department), a situation report, a traffic accident statement, an investigation report (Attachment to a victim F diagnosis), and an Ortobane photograph, related video CDs, or video-cape

1. Article 144 (2) and (1), and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the punishment [the determination of the punishment] [the first category] Special Obstruction and Injury resulting from the Obstruction of Public Official Duty] - The elements of mitigation [the scope of the recommendation field and the recommendation form] mitigation area] mitigation area (including the serious efforts for recovery of damage] mitigation area, one year and six months to three years [the general person] [the grounds for suspension of execution] major pride and pride: Damage to the members who were not punished.

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