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(영문) 부산지방법원 동부지원 2017.01.17 2016고합171
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2016, at around 10:50 on the front side of the vehicle, the Defendant: (a) was able to take a desire to submit a driver’s license to wear a safety belt from the upper G (22 tax) belonging to the Gyeongnam District Police Agency of the Gyeongnam District National Police Agency, where traffic control was underway, while driving the E-wing and 3 vehicles on the front side of the vehicle located in Busan Cheongnam-gun, Busan Cheongnam-gun, the Defendant obstructed the police officer’s legitimate performance of duties concerning traffic control by assaulting the above G, such as: (b) the above G’s right blue and kne-free blue blue blue fel and so on; and (c) caused the injury of the said G, such as the injury of the flue fel and kne-free flue fel in need of two weeks’ treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A certificate verifying the police service before;

1. A medical certificate;

1. Application of Acts and subordinate statutes, such as a report on investigation (to attach a field black box image and a tape recording file), a black box image, etc.

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Order;

1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be [the scope of the recommended punishment] that there is no person who causes harm to the performance of special duties, or who does not fall under any of the types 1 (Bodily Injury resulting from Interference in Special Duties] (the scope of the recommended punishment]

3. The crime of this case committed by the Defendant in the course of carrying out legitimate official duties is not subject to the punishment for the crime of this case.

The defendant was unable to receive a letter from the injured party.

This is disadvantageous to the defendant.

The Defendant recognized the instant crime.

The injury suffered by the victim.

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