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(영문) 부산지방법원 2014.08.22 2014고합342
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 becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2014, at around 14:05, the Defendant, without wearing a safety cap on the front of the road located in the Busan Young-do C, was subject to the control of the penalty from F of the police box belonging to the Busan Young-do Police Station E box, where the Defendant was under the traffic control while getting on and on the obbba, without wearing a safety cap on the front of the D.

Therefore, although the Defendant was found to have changed the F to reduce the penalty, the Defendant demanded the F to block and stop the error that the F is about to take on the urbane as it is on the ground of refusal.

However, the Defendant: (a) boarded the above goods dangerous to F as it is; (b) obstructed legitimate performance of duties in relation to traffic control of F; and (c) sustained injury on the left knee kne's tag that requires treatment for about ten (10) days to the above F.

Summary of Evidence

1. Defendant's legal statement;

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

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as photographs of standing parts;

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. 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. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Determination of the types of recommendations: Crimes of obstruction of performance of official duties, death or injury resulting from special obstruction of public duties, persons who are specially sentenced to Types 1 (Death or Injury resulting from Special Obstruction of Public Duties) - Reduction elements: Scope of recommending sentence not to punish (including serious efforts to recover damage): Imprisonment with prison labor for a period of between 1 and 3 years;

3. Determination of sentence: Imprisonment with prison labor for a year and six months, suspension of execution for two years, community service work for 120 hours, the Defendant’s crime of this case is under the restraint of the victim F, who was a police officer, while driving Oral booms without wearing a safety cap.

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